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ISSUED BY 


J. T. BOTKIN, 


SECRETARY OF STATE. 


ANNOTATIONS COMPILED 
BY 


R. E. McINTOSH. 


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KANSAS STATE PRINTING PLANT. 
W. R. Smith, State Printer. 
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JUL 27 ISIS 



CONSTITUTION OF THE STATE OF KANSAS. 

Adopted at Wyandotte, July 29, 1859. 


Ordinance. §§ 95-103. 
Preamble. § 104. 

Bill of rights. §§ 105-124. 

Art. 1 . Executive. §§ 125-140. 

2. Legislative. §§ 141-169. 

3. Judicial. §§ 170-189. 

4. Elections. §§ 190-194. 

5. Suffrage. §§ 195-202. 

6. Education. §§203-211. 

7. Public institutions. §§ 212-215. 

8. Militia. §§216-219. 


Art. 9. County and township organization. 
§§ 220-224. 

10. Apportionment. §§ 225-227. 

11. Finance and taxation. §§228-235. 

12. Corporations. §§ 236-241. 

13. Banks and currency. §§ 242-250. 

14. Amendments. §§ 251-252. 

15. Miscellaneous. §§ 253-262. 
Schedule. §§ 263-287. 

Resolutions. 


ACCEPTANCE OF GRANT FROM CONGRESS; ORDINANCE; PREAMBLE. 


§1. Sections sixteen and thirty-six, or contiguous 
lands, granted for schools. 

2. Seventy-two sections for state university. 

3. Thirty-six sections for erecting public buildings. 

4. Seventy-two sections for erection and mainte¬ 

nance of charitable institutions. 

5. Salt springs and mines to state for public im¬ 

provement. 


§6. Five per cent of proceeds from public lands to 
fund for schools. 

7. Five hundred thousand acres granted to state 

for common schools. 

8. Lands to be selected as prescribed by law, with 

approval of commissioner. 


r * Ordinance. 

Whereas, The government of the United States is the proprietor of a large portion of 
the lands included in the limits of the state of Kansas as defined by this constitution; 
and, 

Whereas, The State of Kansas will possess the right to tax said lands for purposes of 
government, and for other purposes: now, therefore, 


Be it ordained by the people of Kansas: 

§ 95. That the right of the state of Kansas to tax such lands is relinquished forever, 
and the state of Kansas will not interfere with the title of the United States to such lands, 
nor with any regulation of congress in relation thereto, nor tax nonresidents higher than 
residents: Provided always, That the following conditions be agreed to by congress; 

§ 96. School sections. § 1. Sections numbered sixteen and thirty-six in each town¬ 
ship in the state, including Indian reservations and trust lands, shall be granted to the 
state for the exclusive use of common schools; and when either of said sections, or any 
part thereof, has been disposed of, other lands of equal value, as nearly contiguous thereto 
as possible, shall be substituted therefor. 

§97. University lands. §2. That seventy-two sections of land shall be granted 
to the state for the erection and maintenance of a state university. 

§ 98. Lands for public buildings. § 3. That thirty-six sections shall be granted 
to the state for the erection of public buildings. 

§ 99. Lands for benevolent institutions. § 4. That seventy-two sections shall be 
granted to the state for the erection and maintenance of charitable and benevolent in¬ 
stitutions. 

§ 100. Salt springs and mines. § 5. That all salt springs, not exceeding twelve 
in number, with six sections of land adjacent to each, together with all mines, with the 
lands necessary for their full use, shall be granted to the state for works of public 
improvement. 

§ 101. Proceeds to schools. § 6. That five per centum of the proceeds of the 
public lands in Kansas, disposed of after the admission of the state into the union, shall 
be paid to the state for a fund, the income of which shall be used for the support of 
common schools. 

( 31 ) 





32 


CONSTITUTION OF THE STATE OF KANSAS. 


§ 102. School lands. § 7. That the five hundred thousand acres of land to which 
the state is entitled under the act of congress entitled “An act to appropriate the pro¬ 
ceeds of the sales of public lands and grant preemption rights/’ approved September 4th, 
1841, shall be granted to the state for the support of common schools. 

§ 103. Selection of lands. § 8. That the lands hereinbefore mentioned shall be 
selected in such manner as may be prescribed by law; such selections to be subject 
to the approval of the commissioner of the general land office of the United States. 

Preamble. 

§ 104. We, the people of Kansas, grateful to Almighty God for our civil and re¬ 
ligious privileges, in order to insure the full enjoyment of our rights as American citizens, 
do ordain and establish this constitution of the state of Kansas, with the following 
boundaries, to wit: Beginning at a point on the western boundary of the state of Missouri, 
where the thirty-seventh parallel of north latitude crosses the same; thence running west 
on said parallel to the twenty-fifth meridian of longitude west from Washington; thence 
north on said meridian to the fortieth parallel of north latitude; thence east on said 
parallel to the western boundary of the state of Missouri; thence south with the western 
boundary of said state to the place of beginning. 


BILL OF RIGHTS. 


§1. Equal and inalienable rights. 

2. Political power, inherent; free governments; 

no special privileges granted, except by legis¬ 
lature, and which may be revoked. 

3. Right of people to assemble, to petition govern¬ 

ment, etc. 

4. Right of people to bear arms; standing armies; 

military in subordination to civil power. 

5. Right of trial by jury inviolate. 

6. No slavery; or involuntary servitude, except for 

crimes. 

7. Religious liberty; no religious or property tests; 

no witness incompetent because of religion. 

8. Writ of habeas corpus not to be suspended. 

9. When entitled to bail; excessive bail; cruel or 

unusual punishment. 

10. Rights of accused; speedy trial by impartial 
jury; twice in jeopardy. 


§11. Freedom of speech; liberty of press; libel. 

12. No transportation, corruption of blood or for¬ 

feiture of estate. 

13. Treason defined; evidence necessary to convict. 

14. Quartering of soldiers in houses. 

15. No searches and seizures, except proper war¬ 

rant supported by oath. 

16. No imprisonment for debt except for fraud. 

17. No distinction between rights of citizens of 

Kansas and other states as to property; 
rights of aliens regulated by law. 

18. Remedy by due course of law; justice without 

delay. 

19. No hereditary emoluments, etc., granted by 

state. 

20. Rights retained by people; powers not dele¬ 

gated remain with people. 


§ 105. Equal rights. § 1. All men are possessed of equal and inalienable natural 
rights, among which are life, liberty, and the pursuit of happiness. 

Not collection of generalities, but affirmation of sovereignty of people. Atchison Street Rly. Co. v. Mo. Pac. 
Rly. Co., 31 K. 660. 

Legislature may grant city authority to permit street railways therein. Atchison Street Rly. Co. v. Mo. Pac. 
Rly. Co., 31 K. 660. 

Legislative investigating committee not given power to imprison for contempt. In re Davis, 58 K. 368. 

Act providing attorney’s fee in certain actions against railroads, valid. Railroad Co. v. Matthews, 58 K. 447. 
Ordinance declaring place nuisance where persons resort to “drink,” valid. Topeka v. Raynor, 61 K. 10. 

Not violated by act requiring water-supply companies to file statements. Leavenworth v. Water Co., 
62 K. 643. 

Act creating board of medical registration and examination held valid. The State v. Wilcox, 64 K. 789. 
Declaring places common nuisances, etc., where intoxicating liquor sold, valid. The State v. McManus, 
65 K. 720. 

Act prohibiting discharging employee because member of labor organization, void. Brick Co. v. Perry, 
69 K. 297. 

Act prescribing rates and regulating charges of public stockyards, valid. Ratcliff v. Stock-yards Co., 74 K. 1. 
Legislature may authorize charter board to regulate establishment of banks. Schaake v. Dolley, 85 K. 598. 
Inheritance tax law of 1909 does not violate this section. The State, ex rel., v. Cline, 91 K. 416. 

Act requiring bathhouses at coal mines held valid. The State v. Reaser, 93 K. 628. 

Employer may contract with employee concerning membership in labor organization. Coppage v. Kansas, 
236 U. S. 23. 


§ 106. Political power; privileges. § 2. All political power is inherent in the 
people, and all free governments are founded on their authority, and are instituted for 
their equal protection and benefit. No special privileges or immunities shall ever be 
granted by the legislature, which may not be altered, revoked or repealed by the same 
body; and this power shall be exercised by no other tribunal or agency. 

Not violated by authorizing cities and counties to aid railroads. The State, ex rel., v. Nemaha County, 
7 K. 542. 

Cited, case holding woman eligible to office of county superintendent. Wright v. Noell, 16 K. 601. 
Authority mav be given cities to permit street railways therein. Atchison Street Rly. Co. v. Mo. Pac. Rly. 
Co., 31 K. 660. 

Does not permit city to break contract with water company. Water-works Co. v. City of Columbus, 48 K. 99. 
City may not grant a monopoly for ordinary business therein. In re Lowe, Petitioner, 54 K. 757. (This 
’ case overruled by O’Neal v. Harrison, 96 K. 339, post.) 

“Occupying-claimant act” does not violate this section. Deitzler v. Wilhite, 55 K. 200. 

Legislature may alter corporate charter. Cited in dissenting opinion. The State v. Haun, 61 K. 146. 
Veterans’ preference law does not violate this section. Goodrich v. Mitchell, 68 K. 765. 

Act requiring druggist permit to sell intoxicating liquor, held tfalid. The State v. Durein, 70 K. 13. 
Inheritance tax law of 1909 does not violate this section. The State, ex rel., v. Cline, 91 K. 416. 





33 


CONSTITUTION OF THE STATE OF KANSAS. 


State cannot relinquish title to islands to individuals without compensation. Winters v. Meyers 92 K. 414. 
initiative and referendum for cities of first class, held valid. The State, ex rel., v. City of ’ Hutchinson, 
9o K. 405. 

Not violated by act requiring bathhouses at coal mines. The State v. Reaser, 93 K. 628. 

City may grant exclusive right for removal of garbage. O’Neal v. Harrison, 96 K. 339. 

§107. Petition, etc. §3. The people have the right to assemble, in a peaceable 
manner, to consult for their common good, to instruct their representatives, and to 
petition the government, or any department thereof, for the redress of grievances. 

§ 108. Bear arms; armies. §4. The people have the right to bear arms for their 
defense and security; but standing armies, in time of peace, are dangerous to liberty, and 
shall not be tolerated, and the military shall be in strict subordination to the civil power. 

No limitation on power to prohibit promiscuous carrying of arms. Salina v. Blaksley, 72 K. 230. 

§ 109. Trial by jury. § 5. The right of trial by jury shall be inviolate. 

Verdict of jury must be verdict of each individual juror. Bowman v. Wheaton, 2 K. A. 581. 

Superadded conditions of recognizance not cause for dismissal on appeal. City of Kansas City v. Hescher, 
4 K. A. 782. 

Applied only to cases so triable at common law. Kimball et al. v. Connor et al., 3 K. 414. 

In quo warranto defendant is “probably” entitled to jury trial. The State, ex rel., v. Allen, 5 K. 213. 
Municipal court try without jury when jury obtainable on appeal. City of Emporia v. Volmer, 12 K. 622. 
In action for recovery of money, jury may be demanded. Board of Education v. Scoville, 13 K. 17. 

Court inay send any issues in equity case to jury. Hixon v. George, 18 K. 256. 

Provision for jury not vital in proceedings to correct assessments. Ross v. Commissioners of Crawford Co., 
16 K. 411. 

Duty of courts to enforce rigid observance of statutes. The State v. Snyder, 20 K. 306. 

Jury trial not matter of right in action for divorce. Carpenter v. Carpenter, 30 K. 718. 

Where no jury in first instance, right on appeal inviolate. In re Rolfs, Petitioner, 30 K. 761. 

Power of legislature limited by provisions of bill of rights. Atchison Street Rly. Co. v. Mo. Pac. Rly. Co., 
31 K. 665. 

Not entitled to jury in “proceedings in aid of execution.” In re Burrows, Petitioner, 33 K. 677. 

Not entitled to trial by jury for violating city ordinance. The State, ex rel., v. City of Topeka, 36 K. 85. 
Jury not necessary in proceedings to annex land to city. Callen v. Junction City, 43 K. 629. 

Appeal to court with jury, must be without unreasonable restrictions. In re Jahn, Petitioner, 55 K. 697. 
Twelve jurors necessary in trial on felony charge. The State v. Simons, 61 K. 752. 

Jury not guaranteed in proceedings to establish boundary lines. Swarz v. Ramala, 63 K. 636. 

Trial in police court without jury does not violate section. In re Effie Kinsel, 64 K. 3. 

Declaring places common nuisances where intoxicating liquor sold, etc., valid. The State v. McManus, 
65 K. 722. 

Jury not demandable as matter of right in quo warranto. Wheeler v. Caldwell, 68 K. 776. 

Right to jury of twelve may be waived in misdemeanors. 'The State v. Wells, 69 K. 793. 

Not entitled to jury in injunction under prohibitory liquor law. Cowdery v. The State, 71 K. 450. 

Cities may destroy intoxicating liquor and property used in selling. Stahl v. Lee, 71 K. 519. 

Jury to try title to and possession of real estate. Atkinson v. Crowe, 80 K. 163. 

In partition, jury to try ownership and right of possession. Gordon v. Munn, 83 K. 242. 

Section not violated by jury of four in lunacy inquest. The State v. Linderholm, 84 K. 603. 

Act providing for charging of expenses by entomological commission, valid. Balch v. Glenn, 85 K. 739. 

§110. Slavery prohibited. §6. There shall be no slavery in this state; and no 
involuntary servitude, except for the punishment of crime, whereof the party shall have 
been duly convicted. 

Act requiring work on roads to pay poll tax, valid. In re Dassler, Petitioner, 35 K. 684. 

Does not prohibit labor on streets for poll taxes. The State, ex rel., v. City of Topeka, 36 K. 85. 

Ordinance permitting employment of city prisoners on streets held valid. City of Topeka v. Boutwell, 
53 K. 30. 

§ 111. Religious liberty. § 7. The right to worship God according to the dictates 
of conscience shall never be infringed; nor shall any person be compelled to attend or 
support any form of worship; nor shall any control of or interference with the rights of 
conscience be permitted, nor any preference be given by law to any religious establish¬ 
ment or mode of worship. No religious test or property qualification shall be required 
for any office of public trust, nor for any vote at any election; nor shall any person be 
incompetent to testify on account of religious belief. 

Disbelief in existence of God does not render witness incompetent. Dickinson v. Beal, 10 K. A. 233. 

Courts will not interfere with worship beyond carrying out trust. Feizel v. Trustees of German M. E. 
Society, 9 K. 595. 

Courts may restrain minority from perversion of church property. Hackney v. Vawter, 39 K. 630. 
Ordinance requiring authority from mayor for all street demonstrations, void. Anderson v. City of Welling¬ 
ton, 40 K. 181. 

Repeating Lord’s Prayer and Twenty-third Psalm permitted in public schools. Billard v. Board of Educa¬ 
tion, 69 K. 53. 

Provision applies only to offices and elections contemplated by constitution. The State v. Monahan, 
72 K. 492. 

§ 112. Habeas corpus. §8. The right to the writ of habeas corpus shall not be 
suspended, unless the public safety requires it in case of invasion or rebellion. 

§ 113. Bail. § 9. All persons shall be bailable by sufficient sureties except for capital 
offenses where proof is evident or the presumption great. Excessive bail shall not be 
required, nor excessive fines imposed, nor cruel or unusual punishment inflicted. 

Confinement five to twenty-one years for rape, not unconstitutional. The State v. White, 44 K. 514. 

At hard labor in penitentiary, not cruel or unusual punishment. The State v. White, 44 K. 514. 

Fine and jail sentence held not cruel or unusual punishment. Ratcliff v. Stock-yards Co., 74 K. 16. 

—2 





34 


CONSTITUTION OF THE STATE OF KANSAS. 


Confinement when unable to pay fine and costs, not violative. In re Ellis, 76 K. 370. 

Crime committed when penalty is death, amended afterwards, not bailable. In re Schneck, 78 K. 210. 
Defendant after conviction of felony is entitled to bail. In re Truskett, 84 K. 877. 

§ 114. Trial; defense of accused. § 10. In all prosecutions, the accused shall be 
allowed to appear and defend in person or by counsel; to demand the nature and cause 
of the accusation against him; to meet the witness face to face, and to have compulsory 
process to compel the attendance of witnesses in his behalf, and a speedy public trial 
by an impartial jury of the county or district in which the offense is alleged to have been 
committed. No person shall be a witness against himself, or be twice put in jeopardy for 
the same offense. 

Second trial at defendant’s request, held not twice in jeopardy. The State v. McCord, 8 K. 242. 

Juror who has formed any opinion is not impartial juror. The State v. Medlicott, 9 K.^ 279. 

Simple impression not opinion such as renders juror partial. The State v. Medlicott, 9 K. 279. 

Dissenting opinion.—Any opinion formed by juror disqualifies him. The State v. Medlicott, 9 K. 292. 
Nature of accusations need not state whether principal or accessory. The State v. Cassaday, 12 K. 555. 
Trial for contempt by judge without jury, held not error. The State v. Cutler, 18 K. 134. 

Finding of “not guilty” by court precludes another trial. City of Olathe v. Adams, 15 K. 391. 

Juror who has formed opinion is not an impartial juror. The State v. Brown, 15 K. 400. 

Trial by impartial jury of county, etc., may be waived. The State v. Potter, 16 K. 97. 

Mere preliminary examination is not being put “in jeopardy.” The State v. Jones, 16 K. 610. 

Defendant has right to demand nature and cause of accusation. The State v. Behee, 17 K. 404. 

Not error for jury to inspect premises without defendant accompanying. The State v. Adams, 20 K. 323. 
Trial in another county but same district held not error. The State v. Ruth, 21 K. 589. 

Territory attached to judicial district becomes part of district. In re Holcomb, Petitioner, 21 K. 636. 

Where trial terminated by unavoidable casualty, defendant not ‘‘in jeopardy.” In re Scrafford, Petitioner, 
21 K. 746. 

Defendant has right to delay to compel attendance of witnesses. The State v. Roark, 23 K. 152. 

Matters growing out of same difficulty may constitute two offenses. City of Olathe v. Thomas, 26 K. 233. 
Names of persons to whom liquor sold held not necessary. The State v. Schweiter, 27 K. 508. 

Not necessary to state kind or class of liquor sold. The State v. Stearns, 28 K. 156. 

Not error to retain juror truth of whose opinion conceded. The State v. Wells, 28 K. 322. 

Juror incompetent who had formed opinion founded on rumor only. The State v. Miller, 29 K. 47. 

Not error to order expert examination of person of defendant. A. T. & S. F. Rid. Co. v. Thul, 29 K. 474. 
State may not treat trial of misdemeanor as mere preliminary. In re Donnelly, Petitioner, 30 K. 197. 
Entitled to jury on appeal if not in first instance. In re Rolfs, Petitioner, 30 K. 760. 

Witness compelled to testify in proceedings in aid of execution. In re Burrows, Petitioner, 33 K. 677. 
Error to convict of offense not contemplated when information filed. The State v. Brooks, 33 K. 713. 
Information held to comply with letter and spirit hereof. The State v. Whisner, 35 K. 276. 

‘‘All prosecutions” held to mean for violating state laws only. The State, ex rel., v. City of Topeka, 
36 K. 87. 

Right to argument of counsel cannot be denied to defendant. The State v. Verry, 36 K. 420. 

Conviction on one count precludes later trial as to others. The State v. McNaught, 36 K. 627. 

Information, larcenv prosecution, must give definite description of property stolen. The State v. Tilney, 

38 K. 714. 

Entitled to discharge on habeas corpus when trial unnecessarily delayed. In re McMicken, Petitioner, 

39 K. 408. 

Change of venue to be to county designated by defendant. The State v. Knapp, 40 K. 149. 

Not error to overrule motions failing to point out defects. The State v. Reno, 41 K. 679. 

Juror not impartial who admits impression of guilt or innocence. The State v. Beatty, 45 K. 502. 

Inducing witnesses to avoid process, accused not compelled to testify. In re Nickell, Petitioner, 47 K. 737. 
Plea of guilty under fear of mob violence, not binding. The State v. Calhoun, 50 K. 532. 

Change of venue cannot be made without consent of accused. The State v. Kindig, 55 K. 117. 

Property stolen, removed to another county, larceny tried either place. The State v. Price, 55 K. 608; The 
State v. Wade, 55 K. 693. 

Evidence on former trial not read without consent of defendant. The State v. Folk, 57 K. 257. 

Defendant’s consent necessary to reading of deposition taken by him. The State v. Tomblin, 57 K. 843. 
Error to compel defendant to plead in absence of counsel. The State v. Moore, 61 K. 734. 

Defendant’s consent to eleven jurors in felony case, not binding. The State v. Simons, 61 K. 754. 

Jury trial does not extend to violation of city ordinances. In re Kinsel, 64 K. 3. 

Plea of “former jeopardy” not good where former jury disagree. The State v. Alexander, 66 K. 730. 
Evidence given by witness on former trial may be introduced. The State v. Nelson, 68 K. 566. 

Defendant may be compelled to testify where immunity granted him The State v. Jack, 69 K. 391. 
Defendant may waive right to jury of twelve in misdemeanor. The State v. Wells, 69 K. 793. 

Witness may be compelled to testify where immunity granted him. In re John Bell, Petitioner, 69 K. 855. 

Testimony given at preliminary introduced on trial on proper showing. The State v. Harmon, 70 K. 477. 

Statements made by defendant out of court may be admitted. The State v. Inman, 70 K. 894. 

Immunity from second jeopardy, personal privilege, which defendant may waive. The State v. White, 

71 K. 360. 

Testimony given in civil case not admissible over defendant’s objection. The State v. Woods, 71 K. 658. 
Defendant not denied “speedy trial” pending appeal from motion by state. The State v. Campbell 
73 K. 695. 

In contempt for violating injunction, defendant not entitled to jury. The State v. Thomas, 74 K. 368. 

When jury discharged on “accident” defendant may be tried again. The State v. Hansford, 76 K. 681. 
Where defendant produced revolver through intimidation evidence of same admissible. The State v. Turner, 
82 K. 794. 

Verdict of acquittal cannot be set aside to any purpose. The State v. Lyon, 83 K. 168. 

Jury having tried similar case with same witnesses not impartial. The State v. Hammon, 84 K. 141. 
Purpose, to secure jury free from bias, prejudice or interest. The State v. Stewart, 85 K. 404. 

Nonresident father punished under desertion act when proper facts shown. In re Fowles, 89 K. 433. 
Defendant in bastardy proceedings not entitled to jury. The State, ex rel., v. Herbert, 96 K. 490. 

§ 115. The press; libel. § 11. The liberty of the press shall be inviolate: and all 
persons may freely speak, write or publish their sentiments on all subjects, being respon¬ 
sible for the abuse of such right; and in all civil or criminal actions for libel, the truth 
may be given in evidence to the jury, and if it shall appear that the alleged libelous 
matter was published for justifiable ends, the accused party shall be acquitted. 




CONSTITUTION OF THE STATE OF KANSAS. 


35 


.Vp W applicable to civil and criminal cases distinguished and defined. Castle v. Houston, 19 K. 422. 

‘truth tull defense to civil action for slander or libel. Mundy v. Wright, 26 K. 176. 

All evidence admissible tending to prove truth of statements made. The State v. Mayberry, 33 K. 444. 
Defendant need prove only truth and publication for justifiable ends. The State v. Verry, 36 K. 421. 
Publication concerning attorney not privileged by connection with judicial proceedings. The State v. Wait, 
44 K. 316. 

Publication devoted largely to scandals and immorality mav be prohibited. In re Banks, Petitioner, 
56 K. 243. ’ 

Privileged publication and “liberty of the press” discussed at length. Coleman v. MacLennan, 78 K. 711. 
Employer not compelled to state cause for discharge of employee. Railway Company v. Brown, 80 K. 315. 
Spoken words imputing unchastity actionable without proof of special damages. Cooper v. Seaverns, 
81 K. 271. 

§116. No person transported, etc. §12. No person shall be transported from 
the state for any offense committed within the same, and no conviction in the state shall 
work a corruption of blood or forfeiture of estate. 

Not violated by penalty for violation of intoxicating-liquor law. The State v. Snyder, 34 K. 426. 

Husband inherits from deceased wife even though he murdered her. McAllister v. Fair, 72 K. 533. 

§ 117. Treason. § 13. Treason shall consist only in levying war against the state, 
adhering to its enemies, or giving them aid and comfort. No person shall be convicted of 
treason unless on the evidence of two witnesses to the overt act, or confession in open 
court. 

§ 118. Soldiers. § 14. No soldier shall, in time of peace, be quartered in any house 
without the consent of the occupant, nor in time of war, except as prescribed by law. 

§ 116. Search and seizure. § 15. The right of the people to be secure in their 
persons and property against unreasonable searches and seizures, shall be inviolate; and 
no warrant shall issue but on probable cause, supported by oath or affirmation, particu¬ 
larly describing the place to be searched and the persons or property to be seized. 

Defective verification waived by recognizance and consent to continuance. The State v. Hook, 4 K. A. 454. 
Complaint verified on hearsay and belief insufficient to authorize warrant. The State v. Gleason, 32 K. 249. 
Defendant may, by conduct, waive objections to verification of complaint. The State v. Blackman, 32 K. 617. 
Where information, properly verified, states offense, clerk may issue warrant. The State v. Brooks, 
33 K. 711. 

Arrest for misdemeanor requires warrant unless officer sees offense committed. In re Kellam, Petitioner, 
55 K. 702. 

Warrant may issue when complaint regular in form and verified. The State v. Carey, 56 K. 86. 

Warrant may issue only upon complaint duly sworn to. Topeka v. Raynor, 61 K. 12. 

Section not violated in compelling banker to disclose depositor’s account. In re Davies, 68 K. 795. 

When complaint properly filed and verified “John Doe” warrant may issue. The State v. King, 71 K. 289. 
Giving recognizance without objection to warrant waives objection to verification. The State v. Miller, 
87 K. 455. 


§ 120. Imprisonment for debt. § 16. No person shall be imprisoned for debt, ex¬ 
cept in cases of fraud. 

Act authorizing arrest and imprisonment on plaintiff’s affidavit alone, unconstitutional. In re Roberts, 
Petitioner, 4 K. A. 296. 

Garnishee cannot be imprisoned for failure to pay his debt. Board of Education v. Scoville, 13 K. 33. 
Prosecuting witness in misdemeanors, certain cases, imprisoned till costs paid. In re John Ebenhack, 
Petitioner, 17 K. 622. 

Bond given when debtor only in custody, held valid. Doyle v. Boyle, 19 K. 172. 

Fraud must be clearly shown to sustain imprisonment for debt. Tennent, Walker & Co. v. Weymouth & 
Golden, 25 K. 23. 

Affidavit must show grounds provided for arrest or proceedings void. Hauss v. Kohlar, 25 K. 644. 

Bill of rights not mere collection of glittering generalities. Atchison Street Rly. Co. v. Mo. Pac. Rlv. Co., 
31 K. 665. 

In proceedings in aid of execution, court may imprison for contempt. In re Burrows, Petitioner, 33 K. 680. 
Imprisonment under bastardy act does not violate this section. In re Wheeler, Petitioner, 34 K. 97. 
Imprisonment for failure to pay costs, not imprisonment for debt. In re Boyd, Petitioner ^ 34 K. 574. 
Imprisonment for failure to pay road tax does not violate. In re Dassler, Petitioner, 35 K. 678. 

Execution against person of judgment debtor not forbidden by section. In re Heath, Petitioner, 40 Iv. 337. 
Section would not compel legislature to imprison for fraudulent debt. The State v. Weiss, 84 K. 168. 


§ 121. Property rights of citizens and aliens. § 17. No distinction shall ever be 
made between citizens of the state of Kansas and the citizens of other states and terri¬ 
tories of the United States in reference to the purchase, enjoyment or descent of property. 
The rights of aliens in reference to the purchase, enjoyment or descent of property may be 
regulated by law. 

This section was submitted by the legislature at the session of 1887 (L. 1887, senate joint resolu¬ 
tion No. 6), and was adopted by the people at the election held in November, 1888. Original section 17 
was as follows: 

“§ 17. No distinction shall ever be made between citizens and aliens in reference to the purchase, 
enjoyment or descent of property.” 


Attachment against nonresidents without undertaking does not violate this section. Head v. Daniels, 
38 K. 10. 

Husband convey lands when wife nonresident, wife retains no interest. Buffington v. Grosvenor, 46 K. 733. 
Attachment against nonresident executor on obligation of nonresident not violative. Manley v. Mayer, 
68 K. 380. 

Common-law right of aliens abrogated by original section 17. Madden v. The State, 68 K. 660. 

Under original section statute descents and distributions applied to aliens. Sparks v. Bodensick, 72 K. 7. 
Section authorizes legislature to regulate, not to prohibit, aliens inheriting. The State v. Ellis, 72 K. 290. 
Legislature can now regulate right of aliens holding real estate. Cramer v. McCann, 83 K. 723. 

Amendment of this section without statute reinstated the common-law rule. Johnson v. Olson, 92 K. 821. 




36 


CONSTITUTION OF THE STATE OF KANSAS. 


[Art. 1 


§ 122. Justice without delay. § 18. All persons, for injuries suffered in person, 
reputation or property, shall have remedy by due course of law, and justice administered 
without delay. 

“Due process of law” decisions have little application in Kansas. G-ilchrist v. Sehmidling, 12 K. 271. 
Granting attorney fees in actions for killing stock, not unconstitutional. K. P. Rly. Co. v. Mower, 16 K. 582. 
Redress for all injuries suffered provided for in “civil action.” A. T. & S. F. Rid. Co. v. Rice, 36 K. 599. 
Section not violated by ordinance providing extension of city limits. Callen v. Junction City, 43 K. 629. 
Cited in case discussing jurisdiction writ of error coram nobis. The State v. Calhoun, 50 K. 532. 
“Occupying-claimant act” does not conflict with this section. Deitzler v. Wilhite, 55 K. 203. 

Legislative investigating committee not given power to imprison for contempt. In re Davis, 58 K. 373. 
Attornevs’ fees in action against railroads for causing fire, constitutional. Railroad Co. v. Matthews, 
58 *K. 450. 

Act providing for condemnation of site for schoolhouse, held valid. Buckwalter v. School District, 
65 K. 606. 

“Remedy” means by tribunal having jurisdiction; section not satisfied otherwise. Hanson v. Krehbiel, 
68 K. 672. 

Words of section not given unlimited signification in all cases. Coleman v. MacLennan, 78 K. 722. 
Common-law interpretation not strictly applied in slander by spoken words. Cooper v. Seaverns, 81 K. 284. 
Mere irregularity in administering law does not deny constitutional right. Griggs v. Hanson, 86 K. 632. 
Workmen’s compensation act of 1911 does not violate this section. Shade v. Cement Co., 93 K. 257, 258. 
Every person is entitled to contract relative to his employees. Coppage v. Kansas, 236 U. S. 23. 

§ 123. Emoluments, etc. § 19. No hereditary emoluments, honors, or privileges 
shall ever be granted or conferred by the state. 

§ 124. Powers not delegated. § 20. This enumeration of rights shall not be con¬ 
strued to impair or deny others retained by the people; and all powers not herein dele¬ 
gated remain with the people. 

Legislative power not given to courts. Appeals regulated by legislature. Coleman v. Newby, 7 K. 87. 
Legislative power includes power to authorize municipal aid to railroads. Leavenworth Countv v. Miller, 
7 K. 490. 

Consent of legislature to alienation of public grounds is binding. Comm’rs of Franklin Co. v. Lathrop, 
9 K. 463. 

Powers of people limited only by absolute justice and constitution. 'Wright v. Noell, 16 K. 603. 

Bill of rights not a mere collection of glittering generalities. Atchison Street Rly. Co. v. Mo. Pac. Rlv. Co., 
31 K. 665. 

Legislative powers are limited only by state and federal constitutions. Ratcliff v. Stock-yards Co., 74 K. 6. 


ARTICLE 1. —Executive. 


GOVERNOR. 

§1. Executive department; elected for two years; 
term, when to begin. 

2. Elections, how returned; state canvassers; case 

of equal vote. 

3. Supreme executive powers vested in governor. 

4. May require information in writing. 

5. Convene legislature on extraordinary occasions; 

messages; recommend measures. 

6. May adjourn both houses in certain cases. 

7. Pardoning power. 

8. State seal to be kept by governor. 

9. Commissions, issued, signed and sealed. 

10. Certain officers not eligible as governor. 


§11. In case of vacancy, lieutenant governor to act 
residue of term. 

LIEUTENANT GOVERNOR. 

12. Lieutenant governor president of senate; shall 

vote when; president pro tempore. 

13. Case of vacancy in office of lieutenant governor 

or when acting as governor. 

MISCELLANEOUS. 

14. Vac^'ies in other offices of executive depart¬ 

ment. 

15. Pa, .. officers of executive department; neither 

increased nor diminished during term. 

16. Officers to report to governor before each ses¬ 

sion of legislature. 


§ 125. Executive department. § 1 . The executive department shall consist of a 
governor, lieutenant governor, secretary of state, auditor, treasurer, attorney-general, and 
superintendent of public instruction; who shall be chosen by the electors of the state at 
the time and place of voting for members of the legislature, and shall hold their offices 
for the term of two years from the second Monday in January next after their election, 
and until their successors are elected and qualified. 


“Members of legislature” includes members of both branches of legislature. The State, ex rel., v. Robinson 
1 K. 17. 

Legislative department of government separate and distinct from other departments. Coleman v. Newby 
7 K. 87. 

When other adequate remedy, attorney-general cannot enjoin tax collection. The State v. McLaughlin, 
15 K. 232. 

Legislature not forbidden to confer power on attorney-general and assistants. In re Gilson, Petitioner 
34 K. 643. 

Performance of purely ministerial duties of governor controlled by mandamus. Martin, Governor v. 
Ingham, 38 K. 645. 

Legislative, judicial and administrative functions cannot be commingled and interwoven. The State v. 
Johnson, 61 K. 811. 

This section cited in construing section 12, article 3. The State v. Andrews, 64 K. 495. 

Dissenting opinion.—State government not modeled on cabinet system. The State, ex rel., v. Dawson 
86 K. 192. 


§126. Election; canvass; tie. §2. Until otherwise provided by law, an abstract 
of the returns of every election, for the officers named in the foregoing section, shall be 
sealed up and transmitted by the clerks of the boards of canvassers of the several 
counties, to the secretary of state, who, with the lieutenant governor and attorney-general, 
shall constitute a board of state canvassers, whose duty it shall be to meet at the state 
capital on the second Tuesday of December succeeding each election for state officers, 




Art. 1] 


CONSTITUTION OF THE STATE OF KANSAS. 


37 


and canvass the vote for such officers and proclaim the result; but in case any two or 
more have an equal and the highest number of votes, the legislature shall by joint ballot 
choose one of said persons so having an equal and the highest number of votes for said 
office. 

Phrase, “the legislature shall by a joint ballot,” defined. Prouty v. Stover, Lieut. Governor, 11 K. 257. 

§127. Governor. §3. The supreme executive power of the state shall be vested 
in a governor, who shall see that the laws are faithfully executed. 

Legislative, executive and judicial departments of government separate and distinct. Coleman v. Newby, 
7 K. 87. 

Performance of purely ministerial duties of governor controlled by mandarmis. Martin, Governor, v. 
Ingham, 38 K. 645. 

Governor require examination of witnesses by attorney-general under prohibitory law. The State, ex rel., 
v. Dawson, 86 K. 187. 

§ 128. Require information. § 4. He may require information in writing from 
the officers of the executive department, upon any subject relating to their respective 
duties. 

Governor require examination of witnesses by attorney-general under prohibitory law. The State, ex rel., 
v. Dawson, 86 K. 187. 

§129. Convene legislature; message. §5. He may, on extraordinary occasions, 
convene the legislature by proclamation, and shall, at the commencement of every session, 
communicate in writing such information as he may possess in reference to the condition 
of the state, and recommend such measures as he may deem expedient. 

Dissenting opinion.—Governor must necessarily decide which body constitutes house. In re Gunn, Peti¬ 
tioner, 50 K. 250. 

Legislation demanded respecting freight rates, authorized governor to convene legislature. Farreily v. Cole, 
60 K. 362. 

§ 130. Adjourn legislature. § 6. In case of disagreement between the two houses 
in respect to the time of adjournment, he may adjourn the legislature to such time as he 
may think proper, not beyond its regular meeting. 

Dissenting opinion.—Governor must determine which body constitutes house. In re Gunn, 50 K. 250. 

§ 131. Pardons. § 7. The pardoning power shall be vested in the governor, under 
regulations and restrictions prescribed by law. 

Not violated by “parole law” conferring power on district court. Mikesell v. Wilson County, 82 K. 504. 

§ 132. Seal. § 8. There shall be a seal of the state, which shall be kept by the 
governor, and used b}^ him officially; and which shall be the great seal of Kansas. 

§ 133. Commissions. § 9. All commissions shall be issued in the name of the state 
of Kansas, signed by the governor, countersigned by the secretary of state, and sealed 
with the great seal. 

§ 134. Who ineligible. § 10. No member of congress, or officer of the state, or of 
the United States, shall hold the office of governor, except as herein provided. 

Acceptance of specified offices vacates office of governor. The State, ex rel., v. Cobb, 2 K. 57, 

§ 135. Vacancy. § 11. In case of the death, impeachment, resignation, removal or 
other disability of the governor, the power and duties of the office for the residue of the 
term, or until the disability shall be removed, shall devolve upon the president of the 
senate. 

§ 136. Lieutenant governor. § 12. The lieutenant governor shall be president of 
the senate, and shall vote only when the senate is equally divided. The senate shall 
choose a president pro tempore, to preside in case of his absence or impeachment, or when 
he shall hold the office of governor. 

Bill not necessarily signed by presiding officer to become law. Comm’rs of Leavenworth Co. v. Higgin¬ 
botham, 17 K. 75. 

§ 137. Vacancy. § 13. If the lieutenant governor, while holding the office of gov¬ 
ernor, shall be impeached or displaced, or shall resign or die, or otherwise become in¬ 
capable of performing the duties of the office, the president of the senate shall act as 
governor until the vacancy is filled, or the disability removed; and if the president of 
the senate, for any of the above causes, shall be rendered incapable of performing the 
duties pertaining to the office of governor, the same shall devolve upon the speaker of 
the house of representatives. 

§ 138. Other vacancies. § 14. Should either the secretary of state, auditor, treas¬ 
urer, attorney-general, or superintendent of public instruction, become incapable of per¬ 
forming the duties of his office for any of the causes specified in the thirteenth section of 
this article, the governor shall fill the vacancy until the disability is removed, or a suc¬ 
cessor is elected and qualified. Every such vacancy shall be filled by election, at the first 







38 


CONSTITUTION OF THE STATE OF KANSAS. 


[Art. 2 


general election that occurs more than thirty days after it shall have happened; and 
the person chosen shall hold the office for the unexpired term. 

§ 139. Compensation. § 15. The officers mentioned in this article shall, at stated 
times, receive for their services a compensation to be established by law, which shall 
neither be increased nor diminished during the period for which they shall have been 
elected. 

Section discussed in case concerning appropriation for maintaining executive residence. Bailey v. Kelly, 
70 K. 874. 

Section applied to fees allowed auditor of state. Nation v. Tulley, 86 K. 568. 

Statute providing for fees to attorney-general under prohibitory law, valid. The State v. Bland, 91 K. 166. 

§ 140. Officers to report. § 16. The officers of the executive department, and of 
all public state institutions, shall, at least ten days preceding each regular session of 
the legislature, severally report to the governor, who shall transmit such reports to the 
legislature. 

Governor may require attorney-general to examine witnesses under prohibitory law. The State, ex rel., v. 
Dawson, 86 K. 187. 

ARTICLE 2.—Legislative. 


§1. Legislative power, how vested. 

2. House of representatives; senate; number lim¬ 

ited; basis of representation. 

3. Pay of members; mileage; limit. 

4. Qualification of members. 

5. Members of congress, etc., not eligible; ac¬ 

ceptance to vacate seat. 

6. Embezzlement or misuse of public funds, to 

forfeit seat. 

7. Oath of office of state officers. 

8. Quorum; rules; judges of election of members. 

9. Vacancies in either house. 

10. Journals; yeas and nays; adjournments. 

11. Right of protest; to be entered upon journals. 

12. Origin of bills; amendments. 

13. Majority elected necessary to pass bills. 

14. To be signed by governor; veto power. 

15. To be read on three separate days; when this 

rule may be suspended. 

16. Bills to embrace but one subject; laws, how 

revived or amended. 


§17. General laws to be uniform in operation; 
special laws. 

18. No divorces to be granted by legislature. 

19. Publication of laws; power to provide for 

officers; vacancies. 

20. Enacting clause; no law except by bill. 

21. Local legislation may be allowed. 

22. Freedom of debate; privilege of members. 

23. Schools; no distinction between sexes as to 

rights. 

24. Money to be drawn from treasury by law; ap¬ 

propriations limited to two years. 

25. Sessions held at state capital; when to com¬ 

mence. 

26. Census once in ten years—in 1865 and after. 

27. Impeachments; to be tried by senate. 

28. Officers liable to impeachment; limit of judg¬ 

ment ; further trial. 

29. General election in 1876; thereafter elect mem¬ 

bers of house for two years, senate four 
years. 


§ 141. Legislative power. § 1. The legislative power of this state shall be vested 
in a house of representatives and senate. 

Corporations rightful subject of legislation; grant includes right to create. The City of Atchison v. Bar- 
tholow, 4 K. 142. 

Legislative, executive and judicial powers of government, separate and distinct. Coleman v. Newbv, 
7 K. 87. 

Legislature no inherent power, but people mav delegate any power. Leavenworth Countv v. Miller, 
7 K. 489. 

Legislative power delegated included power to pass mill-dam act. Harding v. Funk, 8 K. 323. 

Delegation of limited legislative power to county commissioners, not prohibited. Noffzigger v. McAllister, 
12 K. 320. 

Whole power of organizing new counties belongs to legislature. The State, ex rel., v. Comm’rs of Pawnee 
Co., 12 K. 438. 

Legislature may authorize county commissioners to remove treasurer for cause. The State, ex rel., v. 
Majors, 16 K. 444. 

Legislature not prohibited by the constitution from enacting retrospective laws. Comm’rs of Sedgwick Co. 
v. Bunker, 16 K. 504. 

Powers exercised by court in extending city limits are judicial. Callen v. Junction City, 43 K. 630. 
Dissenting opinion.—Section cited showing legislative branch separate from others. In re Gunn, Petitioner, 
50 K. 219. 

Legislative power delegated only to some tribunal transacting county business. Comm’rs of Wyandotte Co. 
v. Abbott, 52 K. 160. 

Legislative, executive and judicial powers cannot be commingled and interwoven. The State v. Johnson, 
61 K. 812. 

Retrospective law legalizing warrants, encroachment of legislative upon judicial powers. Felix v. Wallace 
County, 62 K. 832. 

Powers exercised by court in extending city limits are judicial. Eskridge v. Emporia, 63 K. 369. 

In readjusting official terms legislature may create an exceptional term. Wilson v. Clark, 63 K. 510. 
Legislature in certain cases may create exceptional terms of office. The State v. Andrews, 64 K. 497. 
Change of corporate limits by petition before district court, unconstitutional. Hutchinson v. Leimbach, 
68 K. 43. 

Legislative power is limited only by state or federal constitution. Ratcliff v. Stock-yards Co., 74 K. 16. 
Authority for establishing municipal courts is derived from this section. The State v. Keener, 78 K. 651. 
Command in constitution does not add to power of legislature. The State v. Lawrence, 79 K. 279. 

This section not violated by the initiative and referendum law. The State, ex rel., v. City of Hutchinson, 
93 K. 408. 

Legislature had authority to enact bank guaranty law. Assaria State Bank v. Dolley, 219 U. S. 121. 

§142. Senators and representatives; number. §2. The number of repre¬ 
sentatives and senators shall be regulated by law, but shall never exceed one hundred 
and twenty-five representatives and forty senators. From and after the adoption of the 
amendment the house of representatives shall admit one member for each county in 
which at least two hundred and fifty legal votes were cast at the next preceding general 
election; and each organized county in which less than two hundred legal votes were cast 






Art, 2] 


CONSTITUTION OF THE STATE OF KANSAS. 


39 


at the next preceding general election shall be attached to and constitute a part of the 
representative district of the county lying next adjacent to it on the east. 

This section was submitted by the legislature at the session of 1873 (Laws 1873, ch. 134), and was 
adopted by the people at the general election held November 4, 1873. Original section 2 was as follows: 

“§ 2. The first house of representatives under this constitution shall consist of seventy-five mem¬ 
bers, who shall be chosen for one year. The first senate shall consist of twenty-five members, who shall 
be chosen for two years. After the first election, the number of senators and members of the house of 
representatives shall be regulated by law; but shall never exceed one hundred representatives and thirty- 
three senators.” 

Legislature, sole right to judge elections and qualifications of members. The State, ex rel., v. Tomlinson, 
20 K. 704. 

Votes of members in excess of 125 cannot be counted. The State, ex rel., v. Francis, Trcas., 26 K. 737. 


§ 143. Compensation of members. § 3. The members of the legislature shall re¬ 
ceive as compensation for their services the sum of three dollars for each day’s actual 
service at any regular or special session, and fifteen cents for each mile traveled by the 
usual route in going to and returning from the place of meeting; but such compensation 
shall not in the aggregate exceed the sum of two hundred and forty dollars for each 
member as per diem allowance for the first session held under this constitution, nor more 
than one hundred and fifty dollars for each session thereafter, nor more than ninety 
dollars for any special session. 

§ 144. Qualifications. § 4. No person shall be a member of the legislature who 
is not at the time of his election a qualified voter of, and a resident in, the county or 
district for which he is elected. 

§ 145. Who not eligible. § 5. No member of congress or officer of the United 
States shall be eligible to a seat in the legislature. If any person, after his election 
to the legislature, be elected to congress or elected or appointed to any office under the 
United States, his acceptance thereof shall vacate his seat. 

Purpose is to create vacancy upon acceptance of specified offices. The State, ex rel., v. Cobb, 2 K. 57. 
Dissenting opinion.—Disability refers to time the person chosen. In re Gunn, Petitioner, 50 K. 268. 


§ 146. Same. § 6. No person convicted of embezzlement or misuse of the public 
funds shall have a seat in the legislature. 

§ 147. Officers to take oath. § 7. All state officers before entering upon their 
respective duties shall take and subscribe an oath or affirmation to support the con¬ 
stitution of the United States and the constitution of this state, and faithfully to dis¬ 
charge the duties of their respective offices. 

§ 148. Quorum; rules. § 8. A majority of each house shall constitute a quorum. 
Each house shall establish its own rules; and shall be judge of the elections, returns and 
qualifications of its own members. 

Legislature itself may provide more than majority for certain acts. Prouty v. Stover, Lieut. Governor, 


11 K. 255. 

Legislature cannot delegate power to judge qualifications of its members. 


The State, ex rel., v. Gilmore, 


20 K. 554. 

Legislature, sole right to judge elections and qualifications of members. 


The State, ex rel., v. Tomlinson, 


20 K. 703. 

Dissenting opinion.—Origin 


of clause relative to qualifications commented on. 


In re Gunn, Petitioner, 


50 K. 218. 


§ 149. Vacancies. § 9. All vacancies occurring in either house shall be filled for 
the unexpired term by election. 

§ 150. Journal; yeas and nays; adjournment. § 10. Each house shall keep and 
publish a journal of its proceedings. The yeas and nays shall be taken and entered im¬ 
mediately on the journal, upon the final passage of every bill or joint resolution. Neither 
house, without the consent of the other, shall adjourn for more than two days, Sundays 
excepted. 

Legislature may authorize senate to adjourn legally to later period. The State, ex rel v. Hillyer, 2 K. 29. 
House adopted amendment, no record of yeas and nays, valid. Hayes v. Heller, 12 K. 392._ 

Procedure relative to yeas and nays discussed at length. Division of County of Howard, 15 K. 194. 

Laws to be sustained unless clear showing of invalidity made. Comm’rs of Leavenworth County v. Higgin¬ 


botham, 17 K. 62. . , , . , ... .... , „ _..... 

Dissenting opinion.—Court, determining validity, must go behind enrolled bill. In re Gunn, Petitioner, 

Enrolled statute imports absolute verity unless journals clearly show irregularity. The State v. Andrews, 
64 K. 474. 

Law sustained unless clear affirmative showing of invalidity by journals. Stephens v. Labette Co., t 9 K. 159. 


§ 151. Protest. § 11. Any member of either house shall have the right to protest 
against any act or resolution; and such protest shall, without delay or alteration, be en¬ 
tered on the journal. 

Legislative journals and enrolled bills, only legislative records required. Division of County of Howard, 
° 15 K. 210. 





40 


CONSTITUTION OF THE STATE OF KANSAS. 


[Art, 2 


§ 152. Bills. § 12. Bills may originate in either house, but may be amended or 
rejected by the other. 

This section was submitted by the legislature at the session of 1864 (Laws 1864, ch. 44), and was 
adopted by the people at the general election, held November 8, 1864. Original section 12 was as 
follows: 

“§ 12. All bills shall originate in the house of representatives, and be subject to amendment or 
rejection by the senate.” 

§ 153. Passage of. § 13. A majority of all the members elected to each house, 
voting in the affirmative, shall be necessary to pass any bill or joint resolution. 

Legislature may regulate joint conventions and prescribe number votes required. Prouty v. Stover, Lieut. 
Governor, 11 K. 257. 

Yeas and nays not shown on journal, law upheld. Hayes v. Heller, 12 K. 392. 

Legislative journals and enrolled bills only records required, import verity. Division of County of Howard, 
15 K. 194. 

May votes of members exceeding constitutional limit be counted? The State, ex rel., v. Tomlinson, 
20 K. 704. 

Votes of members in excess of constitutional limit not counted. The State, ex rel., v. Francis, Treas., 
26 K. 724. 

§ 154. Signing of bill; veto. § 14. Every bill and joint resolution passed by the 
house of representatives and senate shall, within two days thereafter, be signed by the 
presiding officers, and presented to the governor; if he approve, he shall sign it; but if 
not, he shall return it to the house of representatives, which shall enter the objections at 
large upon its journal and proceed to reconsider the same. If, after such reconsideration, 
two-thirds of the members elected shall agree to pass the bill or resolution, it shall be 
sent, with the objections, to the senate, by which it shall likewise be reconsidered, and if 
approved by two-thirds of all the members elected, it shall become a law; but in all such 
cases the vote shall be taken by yeas and nays, and entered upon the journal of each 
house. If any bill shall not be returned within three days (Sundays excepted) after it 
shall have been presented to the governor, it shall become a law in like manner as if he 
had signed it, unless the legislature, by its adjournment, prevent its return, in which case 
it shall not become a law. If any bill presented to the governor contains several items 
of appropriation of money, he may object to one or more of such items, while approving 
the other portion of the bill; in such case he shall append to the bill, at the time of 
signing it, a statement of the item or items to which he objects, and the reasons therefor, 
and shall transmit such statement, or a copy thereof, to the house of representatives, and 
any appropriations so objected to shall not take effect unless reconsidered and approved 
by two-thirds of the members elected to each house, and, if so reconsidered and approved, 
shall take effect and become a part of the bill, in which case the presiding officers of each 
house shall certify on such bill such fact of reconsideration and approval. 

This amendment of section 14, article 2, of the constitution, was submitted by the legislature at the 
session of 1903 (L. 1903, ch. 545), and was adopted by the people at the election held in November, 
1904. The original section was as follows: 

“§ 14. Every bill and joint resolution passed by the house of representatives and senate shall, 
within two days thereafter, be signed by the presiding officers, and presented to the governor; if he 
approve, he shall sign it; but if not, he shall return it to the house of representatives, which shall enter 
the objections at large upon its journal and proceed to reconsider the same. If, after such reconsidera¬ 
tion, two-thirds of the members elected shall agree to pass the bill or resolution, it shall be sent, with 
the objections, to the senate, by which it shall likewise be reconsidered, and if approved by two-thirds 
of all the members elected, it shall become a law. But in all such cases, the vote shall be taken by yeas 
and nays, and entered upon the journals of each house. If any bill shall not be returned within three 
days (Sundays excepted) after it shall have been presented to the governor, it shall become a law in 
like manner as if he had signed it, unless the legislature, by its adjournment, prevent its return, in 
which case it shall not become a law.” 

Annotations to original section: 

Procedure in passing bills discussed at length. Division of County of Howard, 15 K. 209. 

Signature of presiding officer of senate not essential to validity. Comm’rs of Leavenworth Co. v. 
Higginbotham, 17 K. 75. 

Bill not affected by message of governor after signing and depositing. The State v. Whisner, 35 K. 280. 
Annotations to section as amended: 

Section presumed complied with unless journals affirmatively, clearly show contrary. Belleville v Wells 

74 K. 824. 

Court will examine legislative journals in connection with enrolled bills. Railway Co. v. Simons 

75 K. 132. 

“Within three days” computed by excluding day bill presented. The State v. Sessions, 84 K. 862. 

§ 155. Reading of. § 15. Every bill shall be read on three separate days in each 
house, unless in case of emergency. Two-thirds of the house where such bill is pending 
may, if deemed expedient, suspend the rules; but the reading of the bill by sections on 
its final passage shall in no case be dispensed with. 

Legislature determines existence of emergency, need not enter on journal. Weyand v. Stover, Treas., 
35 K. 552. 

Section is individual unit; bill must be read by sections. The State v. Carter. 74 K. 162. 

Presumed section complied with when journal does not show contrary. The State v 
96 K. 609. 


Railway Co., 




Art. 2] 


CONSTITUTION OF THE STATE OF KANSAS. 


41 


§ 156. One subject; title of act; amendments. § 16. No bill shall contain more 
than one subject, which shall be clearly expressed in its title, and no law shall be revived 
or amended unless the new act contain the entire act revived or the section or sections 
amended, and the section or sections so amended shall be repealed. 

Operation of act restricted to statement of title. City of Concordia v. Hagaman, 1 K. A. 35. 

Does not apply to acts before constitution went into effect. Laurent v. The State, 1 Iv. 313. 

Law not revived by repeal of amending act. Renter v. Bauer, 3 K. 503. 

Section applied to similar law for construction of city ordinances. City of Troy v. A. & N. Railroad Co., 
11 K. 532. 

Provisions of this section are mandatory, not merely directory. County of Sedgwick v. Bailey, 13 K. 607. 
Title broad and comprehensive as legislature chooses to make it, valid. Division of County of Howard, 
15 K. 215. 

Laws may be repealed by virtue of this section. Tootle v. Savage, 18 K. 194. 

New statute supersedes old by virtue of this section. Comm’rs of Jefferson Co. v. Hudson, 20 K. 72. 

Acts amending section of prior statute treated as single statute. Evans and Nelson v. Adams, 21 K. 119. 
Compliance with requirements of this section, discussed. City of Eureka v. Davis, 21 K. 579. 

This section does not apply to city ordinances. City of Humboldt v. McCoy, 23 K. 249. 

Requisites of compliance with this section, discussed at length. The State v. Barrett, 27 K. 217. 

Repeal by implication under this section, discussed. Stephens v. Ballou, 27 K. 594. 

Enactments at same legislature concerning same subject matter, construed together. In re Hall, Petitioner, 
38 K. 670. 

Title need only state general scope and purpose of act. Lynch v. Chase, 55 K. 376. 

What covered by title, discussed. Rogers v. Morrill, 55 K. 737. 

“Municipal corporations” in title to act may include township. Rathbone v. Hopper, 57 K. 240. 

Earlier act repealed by later law covering same subject. The State v. Countryman, 57 K. 823. 

Section applies to bills which change law by repealing acts. The State v. Sholl, 58 K. 507. 

Courts may refer to the title in ascertaining legislative intent. Baker v. Land Company, 62 K. 79. 

Words eliminated from title to give proper meaning to it. Allen v. Hopkins, 62 K. 180. 

Where restrictive title used, act must come within its meaning. Topeka v. Wood, 62 K. 810. 

Part of act not included in the title, held invalid. Enterprise v. Smith, 62 K. 815. 

Comprehensiveness of title to act, discussed. Otto v. Hare, 64 K. 81. 

Section to be liberally construed to sustain act. Stewart v. Thomas, 64 K. 515. 

Title may be broader than the act itself. Ash v. Thorp, 65 K. 60. 

Provision must clearly show intention to take place of former. Gilbert v. Craddock, 67 K. 346. 

Statutes not declared repealed by implication unless clearly repugnant. Newman v. Lake, 70 K. 849. 
Act held good where subject matter is germane to title. In re Schley, 71 K. 266. 

Statutes effecting amendment by implication, not within purview of section. Pai’ker-Washington Co. v. 
Kansas City, 73 K. 722. 

Compiler divided section, amendment contained only one part, held unconstitutional. The State v. Carter, 
74 K. 156. 

Section is to keep members of legislature from being misled. Getty v. Holcomb, 79 K. 226. 

Section liberally construed to sustain act. The State v. Topeka Club, 82 K. 756. 

Legislature may extend provisions of existing statute to new subject. State v. Board of Comm’rs of Shaw¬ 

nee Co., 83 K. 199. 

Similar legislative enactment applied to city ordinances. City of Winfield v. Hackney, 87 K. 858. 

Section while not invoked so frequently is still in force. The State, ex rel., v. Dawson, 90 K. 841. 

Following acts held valid, not in conflict with this section: 

Ch. 140, Laws of 1895. Higgins v. Mitchell County, 6 K. A. 314. 

Ch. 217, Laws of 1895. Inlow v. Graham County, 6 Iv. A. 391. 

Ch. 126, Laws of 1895. Lowe v. Bourbon County, 6 K. A. 603. 

Sec. 4, ch. 177, Laws of 1879. Ireton v. Laubner, 9 K. A. 561. 

Taxes as between grantor and grantee, Gen. Stat. 1868. Greer v. McCarter, 5 K. 22. 

Taxation; statute of limitations relative to tax deeds. Bowman et al. v. Coekrill, 6 K. 333. 

Ch. 37, Laws of 1863. Davis v. Turner, 21 K. 131. 

Sec. 2, ch. 86, Gen. Stat. 1868. City of Eureka v. Davis, 21 K. 578. 

Sec. 6, ch. 79, Laws of 1873. In re Holcomb, Petitioner, 21 K. 628. 

Sec. 174, art. 14, ch. 81, Gen. Stat. 1868. Martin v. Borgman, 21 Iv. 672. 

Sec. 4, ch. 149, Laws of 1879. The State, ex rel., v. Ewing. 22 K. 708. 

Secs. 9 and 10 of dramshop act. Werner v. Edmiston, 24 K. 147. 

Art. 17 of code of criminal procedure. Woodruff v. Baldwin, 23 K. 491. 

Sec. 31, ch. 72, Laws of 1873. Philpin v. McCarty, Supt., 24 K. 393. 

Ch. 34, Laws of 1876. Keith v. Keith, 26 K. 39. 

Ch. 29, Laws of 1869. Comm’rs of Marion Co. v. Comm’rs of Harvey Co., 26 K. 196. 

Ch. 113, Laws of 1877. Comm’rs of Norton Co. v. Shoemaker, 27 K. 77. 

Sec. 21, ch. 128, Laws of 1881. The State v. Schweiter, 27 K. 500. 

Sec. 15, ch. 128, Laws of 1881. Jockers v. Borgman, 29 K. 109. 

Sec. 13, ch. 25, Laws of 1879. Burroughs v. Comm'rs of Norton Co., 29 K. 197. 

Sec. 3, ch. 128, Laws of 1881. The State v. Curtis, 29 K : 384. 

Secs. 303-305, Comp. Laws of 1879. John v. Reaser, 31 K. 406. 

Sec. 18, prohibitory liquor law of 1881. Hardten v. The State, 32 Iv. 637. 

Sec. 15, ch. 128, Laws of 1881. Durein v. Pontius, 34 K. 353. 

Sec. 18, prohibitory liquor law of 1881. The State v. Snyder, 34 Iv. 425. 

Ch. 80, Laws of 1883. Weyand v. Stover, Treas., 35 K. 551. 

Ch. 146, Laws of 1873. City of Wichita v. Burleigh, 36 K. 41. 

Ch. 75, Laws of 1886. Comm’rs of Cherokee Co. v. The State, ex rel., 36 Iv. 337. 

Ch. 104, Laws of 1883. The State v. Brown, 38 K. 390. 

Sec. 4, ch. 179, Laws of 1887. The State, ex rel., v. Cross, 38 K. 696. 

Proviso contained in sec. 1, ch. 128, Laws of 1887. The State, ex rel., v. Comm’rs of Haskell Co., 
40 K. 65. 

Ch. 155, Laws of 1885. Mo. Pac. Rly. Co. v. Merrill, 40 K. 404. 

Ch. 60, Laws of 1875. The State, ex rel., v. Comm’rs of Kiowa Co., 41 Iv. 630. 

Ch. 114, Laws of 1889. The State, ex rel., v. Sanders, 42 K. 230. 

Part of sec. 15, ch. 80, Laws of 1879. The State v. Bush, 45 K. 138. 

Sec. 7 ch. 138, Laws of 1889. Comm’rs of Norton Co. v. Snow, 45 K. 332. 

Ch. 257, Laws of 1889, so far as relates to insurance. In re Pinkney, Petitioner, 47 K. 89. 

Ch. 61, Laws of 1891. Comm’rs of Barber Co. v. Smith, 48 Iv. 332. 

Ch. 134, Laws of 1887. Elevator Co. v. Stewart, 50 Iv. 378. 

Sec. 4, ch. 165, Laws of 1887. The State v. Campbell, 50 K. 433. 

Chs. 63 and 64, Laws of 1886. The State, ex rel., v. Kansas City, 50 K. 508, 521. 

Ch. 102, Laws of 1879. Calloway v. Cooley, 50 K. 743. 

Ch. 98, Laws of 1893. The State, ex rel., v. Lewelling, 51 K. 562. 





42 


CONSTITUTION OF THE STATE OF KANSAS. 


[Art. 2 


Sec. 

Ch. 

Ch. 

Ch. 

Ch. 

Ch. 

Ch. 

Ch. 

Ch. 

Ch. 

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Ch. 

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1, ch. 131, Laws of 1889 (sec. 422a, Civil Code). Berry v. K. C. Ft. S. & M. Rid. Co., 52 K. 759. 

129, Laws of 1881. In re Sanders, Petitioner, 53 K. 191. 

43, Laws of 1891. Blaker v. Hood, 53 K. 499. 

261, Laws of 1889. City of Eudora v. Darling, 54 K. 654. 

239, Laws of 1889. Lynch v. Chase, 55 K. 367. 

106, Laws of 1895. Aikman v. Edwards, 55 K. 751. 

50, Laws of 1879. Rathbone v. Hopper, 57 K. 240. 

107, Laws of 1897. In re Greer, 58 K. 268. 

107, Laws of 1889. Baker v. Land Company, 62 K. 82. 

1, Laws of 1889. Allen v. Hopkins, 62 K. 175. 

5, ch. 82, Laws of 1897. Leavenworth v. Water Co., 62 K. 643. 

176, Laws of 1901. Wilson v. Clark, 63 K. 516. 

2, ch. 128, Laws of 1893. Board of Education v. The State, 64 K. 7. 

225, Laws of 1889. Otto v. Hare, 64 K. 78. 

8, ch. 232, Laws of 1901. The State v. Sheppard, 64 K. 451. 

203, Laws of 1891. Stewart v. Thomas, 64 K. 511. 

7, ch. 232, Laws of 1901. Wilson v. Herink, 64 K. 607. 

254, Laws of 1901. The State v. Wilcox. 64 K. 789. 

339, Laws of 1901. Ash v. Thorp, 65 K. 60. 

131, Laws of 1897. Hardy v. Kingman County, 65 K. 111. 

1, ch. 105, Laws of 1886. The State v. Dunn, 66 K. 483. 

81, Laws of 1879. Reynolds v. Board of Education, 66 K. 672. 

12, ch. 177, Laws of 1899. School District v. Atzenweiler, 67 K. 609. 

46, Laws of 1883. Manley v. Mayer, 68 K. 378. 

34, Laws of 1883. Leavenworth v. Water Co., 69 K. 83. 

104, Laws of 1885. Wichita v. Telephone Co.,. 70 K. 441. 

8, ch. 106, Laws of 1901. The State v. Hahn, 70 K. 877. 

353, Laws of 1901. In re Schley, 71 K. 266. 

Parker-Wasliington Co. v. Kansas City, 73 K. 722. 

The State v. Thomas, 74 K. 360. 

The State v. Thomas, 74 K. 360. 

Clarke v. Lawrence, 75 K. 27. 

The State v. Everhardy, 75 K. 851. 

Bank v. Pearce, 76 K. 408. 

Harrod v. Latham, 77 K. 466. 

25, ch. 78, Laws of 1893. Getty v. Holcomb, 79 K. 224. 

3, ch. 222, Laws of 1905. Getty v. Holcomb, 79 K. 224. 

5, ch. 164, Law's of 1909. The State v. Sherman, 81 K. 874. 

16, ch. 128, Laws of 1881. The State v. Topeka Club, 82 K. 756. 

397, Laws of 1905 (Barnes high-school law). Board of Education v. Allen County, 82 K. 782. 
80, Laws of 1909. The State v. Shawnee County, 83 K. 199. 

. 210 and 215, Laws of 1909. The State v. Pauley, 83 K. 456. 

241, Laws of 1899. Payne v. Barlow, 84 K. 132. 

142, Law's of 1909. The State v. Prather, 84 K. 170. 

345, Laws of 1905. Grain and Lumber Co. v. Railway Co., 85 K. 281. 

112, Laws of 1909. The State, ex rel ., v. Meek, 86 K. 577. 

237, Law's of 1911, as applies to sheriff. The State, ex rel., v. Martin, 87 K. 817. 

165, Laws of 1911. The State v. Adams, 89 K. 674. 

130, Laws of 1913. Brew'er v. City of Pittsburg, 91 K. 910. 

165, Law's of 1911. The State v. King, 92 K. 669. 

27, ch. 109, Laws of 1893. Richey v. Ferguson, 93 K. 152. 

501, ch. 182, Laws of 1909. Richey v. Ferguson, 93 K. 152. 

218, Laws of 1911, as amended by ch. 216, Laws of 1913. Shade v. Cement Co., 93 K. 257. 

46, ch. 218, Laws of 1911. Hovis v. Cudahy Refining Co., 95 K. 505. 

248, Law's of 1913 (Mahin liquor law). The State v. Raihvay Co., 96 K. 611. 

311, Laws of 1915 (rural liigh-school districts). Rural School District v. Davis, 96 K. 647. 

179, Laws of 1911. (Subject matter of act is adulteration.) American Linseed Oil Co. v. Crum- 
bine, 207 Fed. 332. 


112, Laws of 1905. 
123, Laws of 1901. 
338, Laws of 1903. 
366, Law's of 1901. 
165, Law's of 1887. 
168, Law's of 1899. 
93, Laws of 1871. 


Following acts held unconstitutional and void, in conflict with this section: 

Sec. 6, ch. 116, Law's of 1871. Shepherd v. Shepherd, 4 K. A. 546. 

Ch. 79, Laws of 1872. Comm’rs of Sedgw'ick Co. v. Bailey, 13 K. 601. 

Ch. 110, Law's of 1871. Sw'ayze v. Britton, 17 K. 625. 

Sec. 4, ch. 36, Law's of 1876. Shepherd v. Helmers, 23 K. 504. 

Sec. 19, ch. 128, Law's of 1881. The State v. Barrett, 27 K. 215. 

Sec. 2, ch. 81, Laws of 1869. M. K. & T. Rly. Co. v. Long, 27 K. 684. 

Part of sec. 2, ch. 119, Laws of 1885. In re Wood, Petitioner, 34 K. 645. 

Sec. 9, ch. 107, Laws of 1889, as attempt to repeal, etc. The State, ex rel., v. Pierce, 51 K. 241. 
Sec. 28, ch. 152, Laws of 1891. The State v. Lewin, 53 K. 679. 

Ch. 95, Laws of 1893. The State v. Deets, 54 K. 504. 

Ch. 132, Laws of 1887. Railroad Co. v. Kearny County, 58 K. 20. 

Ch. 137, Law's of 1897. The State v. Sholl, 58 K. 507. 

Part of ch. 75, Laws of 1891. Topeka v. Wood, 62 K. 809. 

Sec. 12, ch. 82, Laws of 1897. Enterprise v. Smith, 62 K. 815. 

Ch. 233, Law's of 1901. The State v. Carter, 74 K. 156. 

Ch. 237, Law's of 1911, as to certain officers. The State, ex rel., v. Martin, 87 K. 817. 

Part of ch. 2, Laws of 1911, relating to fees, etc. The State, ex rel., v. Daw'son, 90 K. 842. 

Ch. 144, Law's of 1911. Agricultural Society v. Allen County, 93 K. 772. 

Acts repealed by virtue of this section: 

Sec. 76, Code of 1868. Case of Bartholow, 21 K. 308. 

Ch. 107, Law's of 1895. The State v. Countryman, 57 K. 815. 

§ 157. Uniform operation; general and special law. § 17. All laws of a general 
nature shall have a uniform operation throughout the state; and in all cases where a 
general law can be made applicable, no special law shall be enacted; and whether or not 
a law enacted is repugnant to this provision of the constitution shall be construed and 
determined by the courts of the state. 

This section was submitted by the legislature at the session of 1905 (L. 1905, ch. 543), and wms 
adopted by the people at the election held in November, 1906. Original section 17 was as follows: 

“§ 17. All laws of a general nature shall have a uniform operation throughout the state; and in all 
cases where a general law can be made applicable, no special law shall be enacted.” 





Art. 2] 


CONSTITUTION OF THE STATE OF KANSAS. 


43 


Annotations to original section: 

Ch. 271, Laws of 1895, legalizing printer’s affidavit, valid. Inlow v. Graham County, 6 K. A. 391. 

Ch. 126, Laws of 1895, fees and salaries, valid. Lowe v. Bourbon County, 6 K. A. *603. 

Legislature to determine whether general law could be made applicable. The State, ex rel., v. Hitch¬ 
cock, 1 K. 178. 

Did not have retroactive effect of abrogating laws previously passed. The State v. Thompson et al., 
2 K. 433. 

Act making summoning of grand juries optional with judge, valid. Rice v. The State of Kansas, 
2 K. 168. 

Section 15 of dram-shop act held constitutional. The State of Kansas v. Young and others, 3 K. 446. 

Act permitting municipal aid to railroads, held valid. Leavenworth County v. Miller, 7 K. 491. 

Act providing for herd law in certain specified counties, unconstitutional. Darling v. Rodgers, 
7 K. 592. 

Act authorizing certain school districts to issue bonds, valid. Beach v. Leahy, Treas., 11 K. 23. 

Act applying only when eounty commissioners so elect, held valid. Noffzigger v. McAllister, 12 K. 321. 

County commissioners cannot apply act in parts of county only. Keyes v. Snyder, 15 K. 143. 

Act of general nature, restricted in operation, held void. Robinson v. Perry, 17 K. 248. 

Exception in exemption law, relative to claims for wages, valid. McBride v. Reitz, 19 K. 123. 

Act taxing railroads in unorganized counties, held constitutional. Francis, Treas., v. A. T. & S. F. Rid. 
Co., 19 K. 303. 

Act regulating certain salaries in certain counties, held valid. Comm’rs of Norton Co. v. Shoemaker, 
27 K. 77. 

Act requiring railroad to take bond to protect subcontractors, valid. Mann v. Corrigan, 28 K. 197. 

Dram-shop act does not conflict with this section. Jockers v. Borgman, 29 K. 113. 

Special act excluding certain land from Wyandotte city, held unconstitutional. Gray v. Crockett, 
30 K. 142. 

Special act authorizing school district to issue bonds, held valid. Knowles v. Board of Education, 
33 K. 692. 

Special act vacating streets in different cities in state, constitutional. City of Wichita v. Burleigh, 
36 K. 41. 

Ch. 93, Laws of 1874, negligence of railway employees, valid. A. T. & S. F. Rid. Co. v. Koehler, 
Adm’x, 37 K. 463. 

Metropolitan police act, ch. 100, Laws of 1887, held valid. The State, ex rel., v. Hunter, 38 K. 578. 

Fire from railroad prima facie evidence of negligence, held constitutional. Mo. Pac. Rly. Co. v. Merrill, 
40 K. 404. 

Legislature determine whether purpose can be accomplished by general act. The State, ex rel., v. 
Sandei’s, 42 K. 233; Hughes v. Milligan, 42 K. 399 ; Comm’rs of Barber Co. v. Smith, 48 K. 334. 

Act providing for organization of county high schools, held constitutional. Koester v. Comm’rs of 
Atchison Co., 44 K. 143. 

Ch. 102, Laws of 1879, foreign executor convey property, valid. Calloway v. Cooley, 50 K. 743. 

Act creating municipal township of certain territory, held constitutional enactment. The State, ex rel., 
v. Lewelling, 51 K. 562. 

Act establishing a county high school, held valid. Eichholtz v. Martin, 53 K. 486. 

Act creating city court of Kansas City, held valid. In re Greer, 58 K. 268. 

Act creating city court of Topeka, held valid. Chesney v. McClintock, 61 K. 94. 

Act fixing fees of probate judge in certain county, constitutional. Campbell v. Labette County, 
63 K. 377. 

Act dissolving certain school districts and attaching to another, valid. Ash v. Thorp. 65 K. 60. 

Power to fix penalty for nonpayment of taxes, not limited. Railway Co. v. Miami County, 67 K. 439. 

Section mandatory; whether law general or special, question for courts. Rambo v. Larrabee, 67 K. 634. 

Ch. 34, Laws of 1883, validating certain ordinances, held valid. Leavenworth v. Water Co., 69 K. 82. 

“Law of general nature” and “general law” distinguished. Richardson v. Board of Education, 
72 K. 633. 

Laws applicable to class of cities according to population, discussed. Parker-Washington Co. v. Kansas 
City, 73 K. 722. 

Ch. 101, Laws of 1905, certain cities issue bonds, valid. Belleville v. Wells, 74 K. 823. 

Ch. 366, Laws of 1901, public improvements, protest, law valid. Clarke v. Lawrence, 75 K. 27. 


Ch. 

Ch. 


The State v. Butler County, 

Anderson v. Cloud County, 

unconstitutional. Anderson v. Cloud County, 

Anderson v. Cloud County, 77 K. 722. 
1907, organizing union school district, unconstitutional. Gardner v. The State, 

1907, special county high-school building, invalid. Deng v. County of Scott, 

v. 


Annotations to amended section: 

Ch. 141, Laws of 1907, erection permanent county buildings, valid. 

77 K. 527. 

Amendment 1906, general or special law, applicability a judicial question. 

77 K. 721. 

Ch. 72, Laws of 1907, bridges in Cloud county, 

77 K. 722. 

Rule that courts must uphold act where possible, not. apply. 

Ch. 24, Laws of 
77 K. 743. 

368, Laws of 1907. special county high-school building, invalid. 

77 K. 863. 

179 , Laws of 1907, city court of Chanute, unconstitutional. The State v. Nation, 78 K. 394. 
Amendment of 1906 is not retroactive in effect. Stephens v. Labette County, 79 K. 154. 

Ch. 52, Laws of 1908, circuit court of Wyandotte county, unconstitutional. The State v. Hutchings, 
79 K. 191. 

Ch. 250, Laws of 1907, black powder in coal mines, valid. In re Williams, 79 K. 214. 

General or special law determined by subject matter, not form. The State v. Lawrence, 79 K. 234. 
Amendment of 1906 does not apply to laws previously passed. The State v. Cox, 79 K. 530. 

Ch 114, Laws of 1907, commission government for cities, valid. Cole v. Dorr, 80 K. 251. 

Ch 183, Laws of 1907, witness fees, public officers, valid. Claflin v. Wyandotte County, 81 K. 57. 
Part ch.” 264, Laws of 1909, weights and measures, valid. The State v. Creamery Co., 83 K. 389. 

Chs. 210 and 215, 1909, county high schools, valid enactments. The State v. Pauley, 83 K. 456. 
Partial repeal of special law by special law not pi’ohibited. The State v. Prather, 84 K. 174. 

Ch 259 Laws of 1911, bonded indebtedness, school purposes, unconstitutional. Board of Education v. 

' Davis, 87 K. 286. . . „ „ ^ 

210, Laws of 1907, undersheriffs in certain counties, unconstitutional. Gustafson v. McPherson 

County, 88 K. 335. . . 

88, Laws of 1907, bridges in Neosho county, unconstitutional. Railway Co. v. Neosho County, 
89 K 209 

248, Laws of 1909, inheritance tax law, held valid. The State, ex rel., v. Cline, 91 K. 416. 

Ch. 222,’ Laws of 1911, bathhouses at mines, valid. The State v. Reaser, 93 K. 629. 

Cited in discussing uniform operation of freight rates throughout the state. Railroad Co. v. Utilities 
Commission, 95 K. 612. 

Law not special because only one city of population designated. Water Co. v. Kansas City, 
164 Fed. 738. 


Ch. 

Ch. 

Ch. 





44 


CONSTITUTION OF THE STATE OF KANSAS. 


[Art. 2 


§ 158. Divorce. § 18. All power to grant divorces is vested in the district court, 
subject to regulation by law. 

Decree affecting property void when court fails to get jurisdiction. Wesner v. O’Brien, 1 K. A. 416. 

Power of court in granting restraining order and divorce, discussed. In re David H. Mitchell, 1 K. 643. 
Supreme court has jurisdiction when case brought up on error. Ulrich v. Ulrich, 8 K. 402. 

Court granting divorce may award possession of homestead to wife. Brandon v. Brandon, 14 K. 342. 
Legislature may forbid divorced persons to marry within six months. Durland v. Durland, 67 K. 734. 

§ 159. Publication; officers. § 19. The legislature shall prescribe the time when 
its acts shall be in force, and shall provide for the speedy publication of the same; and' 
no law of a general nature shall be in force until the same be published. It shall have 
the power to provide for the election or appointment of all officers, and the filling of all 
vacancies not otherwise provided for in this constitution. 

Portions of act to take effect at different times, unconstitutional. Comm’rs of Montgomery Co. v. Glass, 

4 K. A. 286. 

Law of general nature has no effect unless published. The State, ex rel. Guthrie, v. Board of Commis¬ 
sioners, 4 K. 272. 

Legislature has power to provide for unexpired term of sheriff. Bond v. "White, 8 K. 343. 

Law prescribing what, shall constitute publication of laws, held valid. Turner v. Davis, 21 K. 139. 

No valid election where no statutory or constitutional provision. Matthews v. Comm’rs of Shawnee Co., 
34 K. 607. 

Where two constructions possible, one chosen that renders act valid. Comm’rs of Cherokee Co. v. Chew, 
44 K. 164. 

Legislature need not name particular day if time definitely ascertained. Comm’rs of Cherokee Co. v. Chew, 
44 K. 164. 

Publication omitting enacting clause or other essential part, no publication. In re Swartz, Petitioner, 
47 K. 159. 

Act must take effect as an entirety at definite time. Comm’rs of Miami Co. v. Hiner, 54 K. 334; Finnigan 
v. Sale, 54 K. 420; The State v. Deets, 54 K. 504. 

Postponing certain elections to secure uniformity of official terms, valid. Wilson v. Clark, 63 K. 505; The 
State v. Andrews, 64 K. 474, 488. 

Publication in “official state paper” equivalent to “official city paper.” The State v. Topeka, 68 K. 188. 
Act may take effect at later date, depending on population. The State, ex rel., v. Meek, 86 K. 579. 

§ 160. Enacting clause. § 20. The enacting clause of all laws shall be “Be it 
enacted by the legislature of the state of Kansas”; and no law shall be enacted except 
by bill. 

Legislature ccmld not create crime by resolution; enacting clause vital. In re Swartz, Petitioner, 47 K. 158. 
Enrolled bill imports absolute verity unless irregularity is conclusively shown. Stephens v. Labette County. 
79 K. 153. 

§161. County tribunals. §21. The legislature may confer upon tribunals trans¬ 
acting the county business of the several counties, such powers of local legislation and 
administration as it shall deem expedient. 

Legislature may authorize counties to grant aid to railroad companies. Leavenworth Countv v. Miller, 

7 K. 479. 

Legislature may confer legislative or administrative power on county commissioners. Noffzigger v. Mc¬ 
Allister, 12 K. 320. 

County commissioners refused to organize new township; held, no appeal. Fulkerson v. Comm’rs of Harper 
Co., 31 K. 127. 

Legislative and administrative power may be conferred on other local agencies. City of Emporia v Smith. 
42 K. 435. 

County printing, courts cannot interfere with discretion of county commissioners. Comm’rs of Harper Co. 
v. The State, ex rel., 47 K. 285. 

Statute conferring legislative authority on road commissioners, unconstitutional and void. Comm’rs of 
Wyandotte Co. v. Abbott, 52 K. 160. 

County commissioners given authority to compromise and refund county indebtedness. Riley v. Garfield 
Township, 58 K. 303. 

Attempt to authorize change in corporate limits by petition, unconstitutional. Hutchinson v. Leimbach 
68 K. 37. 

Power to levy tax conferred on park commissioners, held valid. Wulf v. Kansas City, 77 K. 365. 

County commissioners compelled by mandamus to perform legal duty. School District v. Wilson Countv 
82 K. 806. 

Rock-road law does not confer legislative powers on petitioners. Hill v. Johnson County, 82 K. 813. 
Initiative and referendum, cities under commission, does not violate section. The State, ex rel. v Citv of 
Hutchinson, 93 K. 405. 

Incorporation of cities of third class, action of county commissioners conclusive. The State ex rel v 
Holcomb, 95 K. 660. ’ ” ‘ 

§ 162. Privileges of members. § 22. For any speech or debate in either house, 
the members shall not be questioned elsewhere. No member of the legislature shall be 
subject to arrest—except for felony or breach of the peace—in going to, or returning 
from, the place of meeting, or during the continuance of the session; neither shall he be 
subject to the service of any civil process during the session, nor for fifteen days previous 
to its commencement. 

Session of senate while trying impeachment is covered by section. Cook v. Senior, 3 K. A. 278. 

Statute prescribing venue of actions is limited by this section. McAnarney v. Caughenaur, 34 K. 623. 

§ 163. Schools. § 23. The legislature, in providing for the formation and regulation 
of schools, shall make no distinction between the rights of males and females. 

Section does not apply to qualifications of electors for superintendent. Winans v. Williams, 5 K. 228. 
Separate schools, white and colored children, not authorized by law'. Board of Education v. ~Tinnon 

9 a l\ r 9 o 




Art. 3] 


CONSTITUTION OF THE STATE OF KANSAS. 


45 


§164. Appropriation. §24. No money shall be drawn from the treasury, except 
in pursuance of a specific appropriation made by law, and no appropriation shall be for 
a longer term than two years. 

This section was submitted by the legislature at the session of 1876 (Laws 1876, ch. 129), and was 
adopted by the people at the general election held November 7, 1876. Original section 24 was as follows: 

“§ 24. No money shall be drawn from the treasury, except in pursuance of a specific appropriation 
made by law; and no appropriation shall be for a longer term than one year.” 

Money drawn only in pursuance of act passed within year. Martin v. Francis, 13 K. 228. 

Appropriation of all proceeds of certain levies held valid appropriation. Evans v. McCarthy, 42 K. 426. 
Money drawn from treasury only in pursuance of specific appropriation. Henderson v. Hovey, 46 K. 691. 
No money (interest) drawn, except specific appropriation within two years. The State, ex rel., v. Stover, 
4 i K. 119. 

Specific appropriation cannot be attacked by mere volunteer. Cole v. National Bank, 56 K. 571. 

§ 165. Sessions. § 25. All sessions of the legislature shall be held at the state 
capital, and beginning with the session of eighteen hundred and seventy-seven, all regular 
sessions shall be held once in two years, commencing on the second Tuesday of January 
of each alternate year thereafter. 

This section was submitted by the legislature at the session of 1875 (Laws 1875, ch. 140), and was 
adopted by the people at the general election held November 2, 1875. Original section 25 was as follows: 

“§ 25. All sessions of the legislature shall be held at the state capital, and all regular sessions 
shall commence annually on the second Tuesday of January.” 

§ 166. Census. § 26. The legislature shall provide for taking an enumeration of 
the inhabitants of the state at least once in ten years. The first enumeration shall be 
taken in a. d. 1865. 


Apportionments have been made by legislature based on the census. The State, ex rel., v. Francis, 26 K. 727. 

§ 167. Impeachment. § 27. The house of representatives shall have the sole power 
to impeach. All impeachments shall be tried by the senate; and when sitting for that 
purpose, the senators shall take an oath to do justice according to the law and the 
evidence. No person shall be convicted without the concurrence of two-thirds of the 
senators elected. 

Senate when trying impeachment is in session as a senate. Cook v. Senior, 3 K. A. 281. 

When senate shall sit and how trial conducted, considered. The State, ex rel., v. Hillyer, 2 K. 17. 

Judges district courts subject to impeachment and removal by legislature. Falloon v. Clark, 61 K. 125. 

§168. Same; punishment. §28. The governor and all other officers under this 
constitution shall be subject to impeachment for any misdemeanor in office; but judg¬ 
ment in all such cases shall not be extended further than to removal from office and 
disqualification to hold any office of profit, honor or trust under this constitution; but the 
party, whether acquitted or convicted, shall be liable to indictment, trial, judgment and 
punishment, according to law. 

Legislator subject to removal only by members of same house. The State, ex rel., v. Gilmore, 20 K. 551. 
Judges district courts subject to impeachment and removal by legislature. Falloon v. Clark, 61 K. 125. 
Removal of unfaithful public officers constitutional, except where impeachment applies. The State, ex rel.„ 
v. Martin, 87 K. 817. 

§ 169. Term. § 29. At the general election held in eighteen hundred and seventy- 
six, and thereafter, members of the house of representatives shall be elected for two years,, 
and members of the senate shall be elected for four years. 

This section is an additional section to article 2. It was submitted by the legislature at the session 
of 1875 (Laws 1875, ch. 140), and was adopted by the people at the general election held November 2, 
1875, 

x4RTICLE 3.—Judicial. 


§1. Judicial power, how vested; all courts of record 
to have a seal. 

2. Supreme court; how composed; quorum; term; 

first election. 

3. Jurisdiction of supreme court; terms. 

4. Officers of court to be appointed; terms. 

5. Judicial districts; one judge in each; term; 

duties. 

6. Jurisdiction of district courts. 

7. Clerks of district court; term. 

8. Probate courts; jurisdiction; to consist of one 

judge; elected; compensation. 

9. Justices of the peace; term; powers; number. 

10. Appeals to district court. 


§11. Election of judicial officers; vacancies, how 
filled. 

12. Judicial officers to hold until successors have 

qualified. 

13. Salaries not to be increased during term; not 

to receive fees; not to practice law. 

14. Judicial districts may be increased in number; 

not to vacate any office. 

15. Removal of justices and judges. 

16. Jurisdiction at chambers; to be regulated by 

law. 

17. Style of process; authority for prosecution. 

18. Judicial districts. 

19. Counties may be attached for judicial purposes. 

20. Judges pro tempore in certain cases. 


§ 170. Judicial power. § 1 . The judicial power of this state shall be vested in a 
supreme court, district courts, probate courts, justices of the peace, and such other courts, 
inferior to the supreme court, as may be provided by law; and all courts of record shall 
have a seal, to be used in the authentication of all process. 

Courts of appeals, quo warranto, concurrent jurisdiction with supreme court. The State, ex rel., v. Kelly, 
2 K. A. 179. . . „ , . 

Courts for trial of contested elections authorized by the constitution. Steele v. Martin. 6 K. 430. 





46 


CONSTITUTION OF THE STATE OF KANSAS. 


[Art. 3 


Valuation of property for taxation not judicial power for courts. Auditor of State v. A. T. & S. F. Rail¬ 
road Co., 6 K. 500. 

Whether judicial power may be conferred on city council, discussed. Anthony v. Halderman, 7 K. 64. 
Power of supreme court to make rules governing appeals, discussed. Coleman v. Newby, 7 K. 82. 

“Board of appraisers and assessors” does not exercise judicial powers. Amrine and Russell v. K. P. R. R. 
Co., 7 K. 188. 

Supreme court can exercise only judicial and power incident thereto. Wilson v. Price-Raid Aud. Com., 
31 K. 258. 

Courts provided bv constitution and provided by law, two classes. Matthews v. Comm’rs of Shawnee Co., 
34 K. 610. 

Supreme court may protect its jurisdiction, process, orders, judgments, etc. C. K. & W. llld. Co. v. Comm’rs 
of Chase Co., 42 K. 223. 

Dissenting opinion.—Proper place and functions of judiciary discussed. In re Gunn, Petitioner, 50 K. 220. 
County attorney cannot commit, for contempt, witness refusing to testify. In re Sims, Petitioner, 54 K. 1. 
Notary public cannot commit, for contempt, witness refusing to testify. In re Huron, 58 K. 152. 
Legislature had power to create circuit court of Shawnee county. Morris v. Bunyan, 58 K. 212. 
Investigating committee cannot imprison witness for refusal to testify. In re Davis, 58 K. 374. 
Authentication is mandatory; order of sale without seal is void. Gordon v. Bodwell, 59 K. 52. 

Court of Topeka lawfully created under provisions of this section. Chesney v. McClintock, 61 K. 99. 

Court of visitation combined legislative, executive and judicial functions, unconstitutional. The State v. 
Johnson, 61 K. 811. 

State board of medical registration and examination not judicial tribunal. Metfert v. Medical Board, 
66 K. 710. 

Rule when seal omitted does not apply to clerk’s signature. Aultman v. Wier, 67 K. 675. 

Probate court, judicial tribunal, may commit girls to industrial school. In re Gassaway, 70 K. 696. 
Original and appellate jurisdiction in disbarment proceedings, discussed. In re Burnette, 73 K. 616. 
Section does not authorize creation of court by special act. The State v. Nation, 78 K. 399. 

Police judge not repository of judicial power under this section. The State v. Keener, 78 K. 649. 

Constitution does not prohibit more than one judge in district. The State v. Hutchings, 79 K. 191. 

Notice in disbarment not process within meaning of this section. In re Wilson, 79 K. 452. 

Conferring power on county boards to extend corporate limits, constitutional. Nash v. Glen Elder, 
81 K. 446. 

§ 171. Supreme court. §2. The supreme court shall consist of seven justices, who 
shall be chosen by the electors of the state. They may sit separately in two divisions, 
with full power in each division to determine the cases assigned to be heard by such 
division. Three justices shall constitute a quorum in each division, and the concurrence 
of three shall be necessary to a decision. Such cases only as may be ordered to lie 

heard by the whole court shall be considered by all the justices, and the concurrence of 

four justices shall be necessary to a decision in cases so heard. The justice who is senior 
in continuous term of service shall be chief justice, and in case two or more have con¬ 
tinuously served during the same period the senior in years of these shall be chief justice, 
and the presiding justice of each division shall be selected from the judges assigned to 
that division in like maimer. The term of office of the justices shall be six years, except 
as hereinafter provided. The justices in office at the time this amendment takes effect 
shall hold their offices for the terms for which they were severally elected, and until 
their successors are elected and qualified. As soon as practicable after the second Monday 
in January, 1901, the governor shall appoint four justices, to hold their offices until the 

second Monday in January, 1903. At the general election in 1902 there shall be elected 

five justices, one of whom shall hold his office for two years, one for four years, and three 
for six years. At the general election in 1904 and every six years thereafter, two justices 
shall be elected. At the general election in 1906 and every six years thereafter, two 
justices shall be elected. At the general election in 1908 and every six years thereafter, 
three justices shall be elected. 

This section was submitted by the legislature at the session of 1899 (L. 1809, ch. 314), and was 

adopted by the people at the general election held in November, 1900. Original section 2 was as 

follows: 

“§ 2. The supreme court shall consist of one chief justice and two associate justices (a majority of 
whom shall constitute a quorum), who shall be elected by the electors of the state at large, and whose 
• term of office, after the first, shall be six years. At the first election, a chief justice shall be chosen for 
six years, one associate justice for four years, and one for two years.” 

§ 172. Jurisdiction and terms. §3. The supreme court shall have original juris¬ 
diction in proceedings in quo warranto, mandamus, and habeas corpus; and such appellate 
jurisdiction as may be provided by law. It shall hold one term each year at the seat 
of government and such other terms at such places as may be provided by law, and its 
jurisdiction shall be coextensive with the state. 

Jurisdiction in quo warranto not exclusive; courts of appeals concurrent. The State, ex rel., v. Kelly, 
2 K. A. 185. 

■Constitutional jurisdiction not abolished wffien writ of quo warranto abolished. The State, ex rel., v. Allen, 
5 K. 213. 

Jurisdiction of supreme court limited to jurisdiction specified herein. Auditor of State v. A. T. & S. F. 
Railroad Co., 6 K. 500. 

Supreme court has appellate jurisdiction in divorce. Ulrich v. Ulrich, 8 K. 408. 

Orders reviewable by supreme court under civil code, discussed. McCulloch v. Dodge, 8 K. 476. 

Jurisdiction given to one court not necessarily exercised exclusively. Shoemaker v. Brown, 10 K. 391. 
Supreme court has appellate jurisdiction only as provided by law. City of Leavenworth v. Weaver, 
26 K. 393. 

Quo warranto jurisdiction conferred; jurisdiction as understood when constitution adopted. The State, 
ex rel., v. Wilson, 30 K. 665. 

Original and appellate jurisdiction defined and construed. Wilson v. Price-Raid Aud. Com., 31 K. 258. 






Art. 3] 


CONSTITUTION OF THE STATE OF KANSAS. 


47 


Municipal corporation ousted from power usurped, by quo warranto. The State, ex rel, v. City of Topeka, 
31 K. 454. 

Supreme coui’t has no original jurisdiction in suits for injunction. Foster v. Moore, 32 K. 485. 

Quo warranto lies, to great extent, in discretion of court. Tarbox v. Sughrue, 36 K. 225. 

Supreme court in protecting jurisdiction may prohibit or restrain acts. 'C. K. & W. Rid. Co. v. Comm’rs of 
Chase Co., 42 K. 224. 

Dissenting opinion.—Cited, showing proper place and functions of judiciary. In re Gunn, Petitioner, 
50 K. 220. 

Writ of error coram nobis, only district court has jurisdiction. The State v. Calhoun, 50 K. 532. 
Jurisdiction of supreme court upon expiration of court of appeals. Railway Co. v. Morris, 65 K. 535. 

Trial de novo in supreme court is not appellate jurisdiction. In re Burnette, 73 K. 616. 

Supreme court restrain acts or appoint receiver to protect jurisdiction. The State v. Brewing Association, 
76 K. 188. 

Supreme court has common-law jurisdiction in quo warranto. The State v. Brewing Association, 76 K. 189. 
Election contest triable by senate; supreme court jurisdiction only concurrent. Yeager v. Aikman. 
80 K. 663. 


Quo warranto dismissed, plaintiff had pursued remedy in contest court. Little v. Davis, 80 K. 781. 

Whether action named quo warranto or mandamus of little consequence. Fee v. Richardson, 82 K. 191. 
Dissenting opinion.—What constitutes plain and adequate remedy at law. Capper v. Stotler, 88 K. 405. 
Mandamus may be exercised to control action of inferior courts. Bishop v. Fischer, 94 K. 108. 


§ 173. Reporter and clerk. § 4. There shall be appointed, by the justices of the 
supreme court, a reporter and clerk of said court, who shall hold their offices two years, 
and whose duties shall be prescribed by law. 

§ 174. District judges. § 5. The state shall be divided into five judicial districts, 
in each of which there shall be elected, by the voters thereof, a district judge, who shall 
hold his office for the term of four years. District courts shall be held at such times and 
places as may be provided by law. 


Term of district judges may not be extended by legislature. The State, ex rel. Goodin, v. Thoman,, 
10 K. 197. 

Removal from state with intention to remain absent creates vacancy. Bawden v. Stewart, 14 K. 355. 

Case of The State, ex rel. Goodin, v. Thoman, supra, followed. Peters v. Board of State Canvassers, 
17 K. 365. 

Attaching one county to another for judicial purposes, considered. The State v. Ruth, 21 K. 583. 

Court in only one place in district at a time. In re Millington, Petitioner, 24 K. 224. 

District may be changed although it terminate office of judge. Aikman v. Edwards, 55 K. 754. 
Appointment of judges by governor for exceptional term, held valid. The State v. Andrews, 64 K. 474. 
More than one judge to a judicial district not prohibited. The State v. Hutchings, 79 K. 199. 

Appointee of governor hold office only until next regular election. The State v. Holcomb, 83 K. 259. 

Judges elected at regular election hold office for four years. The State, ex rel., v. Holcomb, 87 K. 511. 


§ 175. Jurisdiction. § 6. The district courts shall have such jurisdiction in their 
respective districts as may be provided by law. 

Judicial functions exercised by others than judge of district court. Young v. Ledrick, 14 K. 92. 

Exclusive jurisdiction of certain matters conferred on justice of peace. Evans and Nelson v. Adams, 
21 K. 122. 

Courts of record have inherent power to punish for contempt. In re Millington, Petitioner, 24 K. 221. 
Original and appellate jurisdiction not limited as supreme court. Wilson v. Price-Raid Aud. Com., 
31 K. 259. 

Creation of courts with concurrent jurisdiction in certain cases, constitutional. A. T. & S. F. Rid. Co. v. 
Rice, 36 K. 593; Morris v. Bunyan, 58 K. 212. 

Jurisdiction general except matters withheld or ceded to another tribunal. Manley v. Park, 62 K. 557. 
Extent of jurisdiction is left to legislature. The State v. Jack, 69 K. 392. 

Jurisdiction of district courts in civil matters confined to district. In re Jewett, 69 K. 836. 

Naturalization, jurisdiction of district court restricted to county where sitting. United States v. Johnson, 
181 Fed. 429. 


§176. Clerk. §7. There shall be elected in each organized county a clerk of the 
district court, who shall hold his office two years, and whose duties shall be prescribed 
by law. 

Section apparently contemplates that every organized county have district court. The State, ex rel., v. 
Osborn, Judge, 36 K. 533. 

§177. Probate court; judge pro tem. §8. There shall be a probate court in 
each county, which shall be a court of record, and have such probate jurisdiction and 
care of estates of deceased persons, minors, and persons of unsound minds, as may be 
prescribed by law, and shall have jurisdiction in cases of habeas corpus. The court shall 
consist of one judge, who shall be elected by the qualified voters of the county, and hold 
his office two years. He shall hold court at such times and receive for compensation such 
fees or salary as may be prescribed by law. The legislature may provide for the appoint¬ 
ment or selection of a probate judge pro tem. when the probate judge is unavoidably 
absent or otherwise unable or disqualified to sit in any case. 

This section was submitted by the legislature at the session of 1905 (L. 1905, ch. 544), and was 
adopted by the people at the election held in November, 1906. Original section 8 was as follows: 

“§ 8. There shall be a probate court in each county, which shall be a court of record, and have 
such probate jurisdiction and care of estates of deceased persons, minors, and persons of unsound 
minds, as may be prescribed by law: and shall have jurisdiction in cases of habeas corpus. This court 
shall consist of one judge, who shall be elected by the qualified voters of the county, and hold his office 
two years. He shall be his own clerk, and shall hold court at such times and receive for compensation 
such fees as may be prescribed by law.” 

Probate courts have complete jurisdiction of settlement of estates. Shoemaker v. Brown, 10 K. 393. 

Powers given probate judge in sale of school lands, valid. In re Johnson, 12 K. 103. 

Powers of probate courts only those specifically conferred by statute. Carr v. Catlin, 13 K. 404. 





48 


CONSTITUTION OF THE STATE OF KANSAS. 


[Art. 3 


Probate judge may receive judicial powers other than granted herein. Young v. Ledrick, 14 K. 92. 
Probate judge has no court officers; his own presence sufficient. Brubaker v. Jones, 23 K. 415. 

Legislature may confer other powers than herein specified. (Druggist's permit.) Intoxicating Liquor 
Cases, 25 K. 758. 

Proceedings of probate court within jurisdiction presumed to be regular. Houbert v. Heyle, 47 K. 65. 
Legislature may provide additional duties and additional compensation for same. Comm’rs of Miami Co. v. 
Collins, 47 K. 419. 

Case of Houbert v. Heyle, supra, followed. Higgins v. Reed, 48 K. 280. 

Jurisdiction of district court, actions against foreign executors, not unconstitutional. Manley v. Park, 
62 K. 555-7. 

Probate judge not necessarily entitled to all fees he collects. Campbell v. Labette Co., 63 K. 379. 

Court cannot order ward’s money applied on judgment against guardian. Harter v. Miller, 67 K. 469. 
Legislature empowered probate court to commit girls to industrial school. In re Gassaway, 70 K. 695. 
Probate court has full authority over the estate of insane person. Foran v. Healy, 73 K. 642. 

Probate court has inherent power to punish summarily for contempt. In re Hanson, 80 K. 784. 

Probate court cannot determine title to conclude persons claiming adversely. Byerly v. Eadie, 95 K. 403. 

§ 178. Justices of the peace. §9. Two justices of the peace shall be elected in 
each township, whose term of office shall be two years, and whose powers and duties 
shall be prescribed by law. The number of justices of the peace may be increased in any 
township by law. 

Justice of peace, jurisdiction in connection with prohibitory law, discussed. The State v. Allphin, 2 K. A. 33. 

Justice of the peace holds office until successor is qualified. Borton v. Buck, 8 K. 307. 

Election of justice of the peace for unexpired term, considered. Odell v. Dodge, 16 K. 446. 

Justices of the peace given exclusive jurisdiction in certain cases. Evans and Nelson v. Adams, 21 K. 119. 
Justice of the peace must hold trial within his township. Phillips v. Thralls, 26 K. 781. 

Proceedings of justice of pedce outside his township are void. A. T. & S. F. Rid. Co. v. Rice, 36 K. 597. 

Jurisdiction of justice of peace in cities, coextensive with county. The State, ex rel., v. Parry, 52 K. 7. 

Jurisdiction of justice of peace may be materially restricted. In re Greer, 58 K. 268. 

Jurisdiction purely statutory, will not be extended beyond express terms. Sims v. Kennedy, 67 K. 385. 

§ 179. Appeals. § 10. All appeals from probate courts and justices of the peace 
shall be to the district court. 

Meaning of “appeals” as used herein, construed and defined. Crane v. Giles, 3 K. 54. 

No appeal from justice of the peace to supreme court. State v. Harpster, 15 K. 322. 

§ 180. Election of judicial officers. § 11. All the judicial officers provided for by 
this article shall be elected at the first election under this constitution, and shall reside 
in their respective townships, counties or districts during their respective terms of office. 
In case of vacancy in any judicial office, it shall be filled by appointment of the governor 
until the next regular election that shall occur more than thirty days after such vacancy 
shall have happened. 

“Regular election” means next election held conformable to established law. The State, ex rel., v. Cobb, 
2 K. 49. 

Failure to elect justice of peace does not vacate office. Borton v. Buck., 8 K. 302. 

When fixed term expires election held to elect successor, valid. The State, ex rel., v. Thoman, 10 K. 191. 
Vacancy when township divided and justice thrown into new township. Frazer v. Miller, 12 K. 459. 
Vacancy is created where district judge removes permanently from state. Bawden v. Stewart, 14 K. 364. 
Time district judges elected and term for which elected, considered. Peters v. Board of State Canvassers, 
17 K. 365; Smith v. Holt, 24 K. 771. 

Resignation accepted upon condition, office not vacant until condition fulfilled. The State, ex rel., v. 
Clayton, 27 K. 443. 

Election for judge held when no election provided for, invalid. Matthews v. Comm’rs of Shawnee Co., 
34 K. 606. 

Justice of peace elected at regular city election in cities. Ward v. Clark, 35 K. 315. 

Justice of peace cannot entertain criminal complaint outside his township. A. T. & S. F. Rid. Co. v. Rice, 
36 K. 596. 

Qualification of successor terminates right of incumbent to hold over. The State, ex rel., v. Albert, 
55 K. 158. 

Special terms filled by appointment in readjusting terms, held valid. W r ilson v. Clark, 63 K. 505; The 
State v. Andrews, 64 K. 488. 

“Regular election” means election for filling that class of offices. McIntyre v. Iliff, 64 K. 747. 

Appointee holds until election for filling that class of offices. The State v. Holcomb, 83 K. 258. 

“Regular election” in any district makes election “regular” in all. Wendorff v. Dill, 83 K. 782. 

Judge elected at “next regular election” elected for regular term quoted. The State v. Holcomb, 87 K. 512. 

§ 181. Terms. § 12. All judicial officers shall hold their offices until their successors 
shall have qualified. 

Justice of peace holds office until his successor is qualified. Borton v. Buck, 8 K. 302. 

Justice succeeding himself, failing to qualify, remains justice de jure. Rheinhart v. State, 14 K. 318. 
Resignation incomplete until successor qualified when so specified in acceptance. The State, ex rel., ▼. 
Clayton, 27 K. 443. 

Qualification of successor terminates right of incumbent to hold over. The State, ex rel., v. Albert 
55 K. 158. 

The terms “elected and qualified” and “qualified,” discussed and distinguished. The State v. Andrews. 
64 K. 495. 

Elections postponed, means of filling offices not provided, incumbents hold over. Pruitt v. Squires. 
64 K. 861. 

§ 182. Compensation of judges. § 13. The justices of the supreme court and 
judges of the district court shall, at stated times, receive for their services such com¬ 
pensation as may be provided by law, which shall not be increased during their respec¬ 
tive terms of office: Provided, Such compensation shall not be less than fifteen hundred 
dollars to each justice or judge, each year, and such justices or judges shall receive no 
fees or perquisites nor hold any other office of profit or trust under the authority of the 



Art. 3] 


CONSTITUTION OF THE STATE OF KANSAS. 


49 


state, or the United States, during the term of office for which such justices and judges 
shall be elected, nor practice law in any of the courts in the state during their continu¬ 
ance in office. 


Provision concerning not holding other office, considered and applied. The State, ex rel., v. Cobb, 2 K. 27. 
Where official term fixed, election to fill next term valid. The State, ex rel. Goodin, v. Thoman, 10 K. 194. 
Except in these cases, legislature may increase or diminish salaries. Harvey, Treas., v. Comm’rs of Rush 
Co., 32 K. 162. 

Acting as district court and magistrate independent of court, considered. The State v. Forbriger, 34 K. 7. 
Judge violating this section held to be de facto judge. Railway Co. v. Preston, 63 K. 822. 

During his term judge perform all duties without increased compensation. Moore v. Nation, 80 K. 687. 


§ 183. Judicial districts. § 14. Provision may be made by law for the increase 
of the number of judicial districts whenever two-thirds of the members of each house 
shall concur. Such districts shall be formed of compact territorjr and bounded by county 
lines, and such increase shall not vacate the office of any judge. 


Attaching unorganized territory to judicial district for judicial purposes, valid. 
21 K. 633. 


In re Holcomb, Petitioner, 


Legislative journals consulted to determine whether two-thirds of members concurred. In re Vanderberg, 
Petitioner, 28 K. 253. 

Legislature may abolish district by transferring counties, during judge’s term. Aikman v. Edwards, 
55 K. 751. 

“Two-thirds” concurrence required by this section, considered. Railway Co. v. Simons, 75 K. 130. 

County not divided, but may have more than one judge. The State v. Hutchings, 79 K. 199. 

§ 184. Removal of judges. § 15. Justices of the supreme court and judges of the 
district courts may be removed from office by resolution of both houses, if two-thirds of 
the members of each house concur. But no such removal shall be made except upon com¬ 
plaint, the substance of which shall be entered upon the journal, nor until the party 
charged shall have had notice and opportunity to be heard. 

District judge removable only by impeachment or method herein provided. Falloon v. Clark, 61 K. 121. 


§ 185. Jurisdiction at chambers. § 16. The several justices and judges of the 
courts of record in this state shall have such jurisdiction at chambers as may be pro¬ 
vided by law. 

Injunction granted and charge for violation thereof heard at chambers. The State v. Cutler, 13 K. 134. 
Punishment for contempt; powers granted to “court” and “judge” distinguished. In re Millington, Peti¬ 
tioner, 24 K. 221. 

Charge of violating writ of mandamus improperly heard at chambers. The State, ex rel., v. Stevens, 
40 K. 113; In re Price, Petitioner, 40 K. 156. 

Attachment against person of judgment debtor properly issued at chambers. In re Heath, Petitioner, 
40 K. 337. 

Journal entry improperly amended at chambers to defeat “former jeopardy.” The State v. Start, 62 K. 114. 
Legislature may properly provide for investigation before judge at chambers. The State v. Jack, 69 K. 392. 
Judge has no jurisdiction in habeas corpus outside his district. In re Jewett, 69 K. 836. 


§ 186. Process. § 17. The style of all process shall be “The State of Kansas,” and 
all prosecutions shall be carried on in the name of the state. 

Writ of mandamus must issue in name of the State. The State, ex rel., v. Comm’rs of Jefferson Co., 
11 K. 71. 

Addition of the county after the state does not invalidate. Truitt v. Baird, 12 K. 422. 

Violation of city ordinances prosecuted in name of the city. City of Emporia v. Aolmer, 12 K. 628. 
“Process” as herein prescribed does not apply to disbarment proceedings. In re Wilson, 79 K. 452. 

Notice to obtain service by publication is not “process.” McKenna v. Cooper, 79 K. 847. 


§ 187. Districts. § 18. Until otherwise provided by law, the first district shall 
consist of the counties of Wyandotte, Leavenworth, Jefferson and Jackson. The second 
district shall consist of the counties of Atchison, Doniphan, Brown, Nemaha, Marshall 
and Washington. The third district shall consist of the counties of Pottawatomie, Riley, 
Clay, Dickinson, Davis, Wabaunsee and Shawnee. The fourth district shall consist of the 
counties of Douglas, Johnson, Lykins, Franklin, Anderson, Linn, Bourbon and Allen. 
The fifth district shall consist of the counties of Osage, Coffey, Woodson, Greenwood, 
Madison, Breckinridge, Morris, Chase, Butler and Hunter. 

§ 188. Unorganized counties. § 19. New or unorganized counties shall, by law, 
be attached for judicial purposes, to the most convenient judicial district. 

Whether organized county may be attached to convenient district, considered. The State v. Ruth, 21 K. 588. 
Legislature may attach undivided territory to adjoining judicial district. In re Holcomb, Petitioner, 
21 K. 634. 

When county organized before trial defendant should be tried there. The State v. Bunker, 38 K. 741. 
Placing organized county in district carries with it attached territory. In re Schurman, Petitioner, 
40 K. 533. 


§ 189. Judge pro tern. § 20. Provision shall be made by law for the selection, by 
the bar, of a pro tem. judge of the district court, when the judge is absent or otherwise 
unable or disqualified to sit in any case. 

Judge pro tem-. ordered instead of change of venue, error. Kansas Pac. Rlv. Co. v. Reynolds, 8 K. 628. 
Defendant entitled to judge pro tem. when regular judge is prejudiced. Peyton’s Appeal, 12 K. 408. 
Objection to judge pro tem. must be raised at trial. Higby v. Ayres, 14 K. 338. 

Power cf judge pro tem. to adjourn court, considered. The State v. Palmer, 40 K. 478. 

Judge pro tem. from another district held de facto judge. Railway Co. v. Preston, 63 K. 819. 

Judge pro tem. may be selected by agreement of parties. Chandler v. Chandler, 92 K. 357. 




50 


CONSTITUTION OF THE STATE OF KANSAS. 


[Art. 4 


ARTICLE 4.—Elections. 


§1. Elections by people, by ballot; by legislature, 

viva voce. 

2. Elections; county and township officers. 

3. Public officers subject to recall; remedy not 

deemed exclusive. 


§4. Petition for recall; signing petition; proceed¬ 
ings; proclamation of election; reasons for 
recall. 

5. Recall ballot; canvassing returns; vacancy ex¬ 
ist, to be filled as provided by law. 


§ 190. Elections. § 1. All elections by the people shall be by ballot, and all elec¬ 
tions by the legislature shall be viva voce. 

Vote “by ballot,” defined and considered. Taylor v. Bleakley, 55 K. 1. 

§191. Elections; county and township officers. §2. General elections and 
township elections shall be held biennially on the Tuesday succeeding the first Monday 
in November, in the years bearing even numbers. All county and township officers shall 
hold their offices for a term of two years and until their successors are qualified: Pro¬ 
vided, One county commissioner shall be elected from each of three districts, numbered 
1, 2, and 3, by the voters of the district, and the legislature shall fix the time of election 
and the term of office of such commissioners; such election to be at *a general election, 
and no term of office to exceed six years. All officers whose successors would, under the 
law as it existed at the time of their election, be elected in an odd-numbered year, shall 
hold office for an additional year and until their successors are qualified. No person shall 
hold the office of sheriff or county treasurer for more than two consecutive terms. 

This section was submitted by the legislature at the session of 1901 (L. 1901, ch. 424), and was 
adopted by the people at the election held in November, 1902. See 69 K. 192. The original section 
was as follows: 

“§ 2, General elections shall be held annually on the Tuesday succeeding the first. Monday in 
November. Township elections shall be held on the first Tuesday in April, until otherwise provided 
by law.” 

“Regular” and “general” elections, defined and distinguished. The State, ex rel., v. Cobb, 2 K. 54; Bond 
v. White, 8 K. 341. 

Election held to fill office when term fixed, held valid. The State, ex rel. Goodin, v. Thoman, 10 K. 195. 
November election is “general election” regardless of number elected. Morgan v. Comm’rs of Pratt Co., 
24 K. 73. 

Changing time of electing legislators does not change “general election.” The State, ex rel., v. Mechem, 
31 K. 438. 

“General election” has a fixed and uniform meaning. The State, ex rel., v. Foster, 36 K. 506. 

Postponement of elections to secure uniformity does not conflict herewith. Wilson v. Clark, 63 K. 505. 

“All officers” (amendment, 1902) means all county and township officers. Griffith v. Manning, 67 K. 560; 
Fischer v. Moore, 69 K. 191. 

§192. Recall of public officers; provisions not exclusive. §3. Every public 
officer holding either by election or appointment is subject to recall from office by a 
majority of the electors of the state or lesser electoral division for which elected or ap¬ 
pointed, voting on the subject at any general or special election, but the provisions hereof 
shall not be deemed exclusive of other remedies for removal from office. 

See note following section 5 hereof. 


§ 193. Petition for election; proclamation of election; election; reasons for 
recall. §4. An election for recall shall be upon petitions signed by at least ten (10%) 
per cent of the electors of the state, qualified to sign, for the recall of any state officer; 
by fifteen (15%) per cent of the electors for the recall of an officer elected by a district 
less than a state and greater than a county; or, for an officer who was appointed by him; 
and by twenty-five (25%) per cent of the electors qualified to sign, for the recall of an 
officer elected in a county, district or municipality within the county, or an officer who 
was appointed by any such officer elected. Any petition for recall shall certify that the 
signers thereto are citizens of the United States of America and voted for the officer to 
be recalled, if elected; or, for the officer who appointed him if appointed, at the last 
preceding election at which such officer was elected. The petition shall be filed with the 
authority for calling elections in the state or other electoral division, at least ninety days 
before the date of election, and the election held thereon shall be called within thirty 
days after filing petition, and be proclaimed at least sixty days before the date of holding. 
The petition and proclamation of election shall state in not more than two hundred words 
the reasons for the recall. 

See note following section 5 hereof. 


§194. Recall ballot; canvassing returns; vacancy in office. §5. The recall 
ballot shall be, Shall the named officer holding the named office be recalled, and the pro¬ 
visions of law for holding, canvassing and certifying returns of general elections shall 
apply to recall elections, and if the vote be in favor of the recall a vacancy in the office 
shall exist, to be filled as authorized by law. 

The foregoing three sections (sections 3, 4 and 5 hereof) are additional sections to article 4. They 
were submitted by the legislature at the session of 1913 (L. 1913, ch. 336), and were adopted by the 
people at the general election held November 3, 1914. 







Art. 5] 


CONSTITUTION OF THE STATE OF KANSAS. 


51 


ARTICLE 5.—Suffrage. 


§1. Qualification of electors. 

2. Classes excluded. 

3. Who not gain or lose right. 

4. Proofs as to those entitled to vote. 

5. Dueling to disqualify from holding office. 


§6. Bribery at elections. 

7. Privilege of electors from arrest. 

8. Right to vote or hold office not abridged on ac¬ 

count of sex. 


§ 195. Qualifications of elector. § 1. Every [white] [male] person of twenty-one 
years and upwards belonging to either of the following classes—who shall have resided in 
Kansas six months next preceding any election, and in the township or ward in which he 
offers to vote at least thirty days next preceding such election—shall be deemed a qualified 
elector: 

1st. Citizens of the United States; 

2d. Persons of foreign birth who shall have declared their intention to become citizens 
conformably to the laws of the United States on the subject of naturalization. 

The word “white,” inclosed in brackets where it occurs in this section, has become obsolete on 
account of the provisions of the fifteenth amendment to the constitution of the United States. 

The word “male,” inclosed in brackets where it occurs in this section, has become obsolete on 
account of the provisions of the amendment to the constitution of the state of Kansas which is section 8 
of this article. 

Residence not gained while in state in employ of United States. Hunt v. Richards et al., 4 K. 549. 

Persons not disqualified simply because soldiers or officers of army. Hunt v. Richards et al., 4 K. 554. 
Person must be resident of ward at least thirty days. Anthony v. Halderman, 7 K. 62. 

Woman having foregoing qualifications may vote for school-district treasurer. Wheeler v. Brady, 15 K. 26. 
Elector must vote in township or ward where he resides. The State, ex rel., v. Stock, 38 K. 180. 

Member of soldier’s home not deprived from gaining residence there. Cory v. Spencer, 67 K. 651. 

State officer may abandon former residence and gain new residence. Uhls v. Allard, 69 K. 827. 

§ 190. Who excluded. § 2. No person under guardianship, non compos mentis, or 
insane; no person convicted of felony, unless restored to civil rights; no person who has 
been dishonorably discharged from the service of the United States, unless reinstated; no 
person guilty of defrauding the government of the United States, or any of the states 
thereof; no person guilty of giving or receiving a bribe, or offering to give or receive a 
bribe; and no person who has ever voluntarily borne arms against the government of the 
United States, or in any manner voluntarily aided or abetted in the attempted overthrow 
of said government, except all persons who have been honorably discharged from the mili¬ 
tary service of the United States since the first day of April, a. d. 1861, provided that 
they have served one year or more therein, shall be qualified to vote or hold office in this 
state, until such disability shall be removed by a law passed by a vote of two-thirds of all 
the members of both branches of the legislature. 

This section was submitted by the legislature at the session of 1867 (Senate Journal 1867, 
p. 550), and was adopted by the people at the election held November 5, 1867. Original section 2 
was as follows: 

“§ 2. No person under guardianship, non compos mentis or insane shall be qualified to vote; nor 
any person convicted of treason or felony, unless restored to civil rights.” 

Involuntary service in rebel army does not render candidate ineligible. Privett v. Stevens, 25 K. 275. 
Eligible if disqualification removed after election but before taking office. Privett v. Bickford, 26 K. 52. 
Section valid under section 10, article 1, United States constitution. Boyd v. Mills, 53 K. 594. 

§ 197. Who not gain or lose right. § 3. For the purpose of voting, no person 
shall be deemed to have gained-or lost a residence by reason of his presence or absence 
while employed in the service of the United States, nor while engaged in the navigation of 
the waters of this state, or of the United States, or of the high seas, nor while a student 
of any seminary of learning, nor while kept at any almshouse or other asylum at public 
expense, nor while confined in any public prison; and the legislature may make provision 
for taking the votes of electors who may be absent from their townships or wards, in the 
volunteer military service of the United States, or the militia service of this state; but 
nothing herein contained shall be deemed to allow any soldier, seaman or marine in the 
regular army or navy of the United States the right to vote. 

This section was submitted by the legislature at the session of 1864 (Laws 1864, ch. 45), and was 
adopted by the people at the general election held November 8, 1864. Original section 3 was as follows: 

“§ 3. No soldier, seaman or marine in the army or navy of the United States or of their allies, shall 
be deemed to have acquired a residence in the state in consequence of being stationed within the same; 
nor shall any soldier, seaman or marine have the right to vote.” 

Soldier not disqualified, but presence in state as such not residence. Hunt v. Richards et al., 4 K. 549. 
Inmates of soldiers’ home acquire no residence. (See following case.) Lawrence v. Leidigh, 58 K. 594. 
Inmate of soldiers’ home may gain residence where home located. Cory v. Spencer, 67 IC. 648. 

§ 198. Proof of right. § 4. The legislature shall pass such laws as may be neces¬ 
sary for ascertaining by proper proofs, the citizens who shall be entitled to the right of 
suffrage hereby established. 

Majority of votes cast presumed will of majority of electors. County Seat of Linn Co., 15 K. 500. 
Registration law of 1879 enacted in pursuance hereof, and valid. The State v. Butts, 31 K. 550. 





52 


CONSTITUTION OF THE STATE OF KANSAS. 


[Art. 6 


§ 199. Duelists. § 5. Every person who shall give or accept a challenge to fight a 
duel, or who shall knowingly carry to another person such challenge, or shall go out of the 
state to fight a duel, shall be ineligible to any office of trust or profit. 

§ 200. Bribery. § 6. Every person who shall have given or offered a bribe to pro¬ 
cure his election shall be disqualified from holding office during the term for which he may 
have been elected. 

§ 201. Electors privileged. § 7. Electors, during their attendance at elections, in 
going to and returning therefrom, shall be privileged from arrest in all cases except 
treason, felony, or breach of the peace. 

§ 202. Equal suffrage. § 8. The rights of citizens of the state of Kansas to vote 
and hold office shall not be denied or abridged on account of sex. 

The foregoing section is an additional section to article 5. It was submitted by the legislature at 
the session of 1911 (L. 1911, ch. 337), and was adopted by the people at the general election held 
November 5, 1913. 

ARTICLE 6.—Education. 


§1. State and county superintendent; term. 

2. School system. 

3. Proceeds of certain public lands; other sources 

of school fund. ' 

4. Distribution of school fund annually; no state 

funds unless three months’ school. 

5. School lands, when sold; revaluation once in 

five years; leased, when. 


§6. Sundry moneys applied te school purposes. 

7. State university; normal schools; university 

fund. 

8. No religious sect to have control of school or 

university funds. 

9. Board of commissioners to have management of 

school fund. 


§203. State and county superintendent. §1. The state superintendent of public 
instruction shall have the general supervision of the common-school funds and educational 
interests of the state, and perform such other duties as may be prescribed by law. A 
superintendent of public instruction shall be elected in each county, whose term of office 
shall be two years, and whose duties and compensation shall be prescribed by law. 

Woman cannot vote for either state or county superintendent. Winans v. Williams, 5 K. 227. 

Woman may vote for school-district treasurer in this state. Wheeler v. Brady, 15 K. 27. 

Woman is eligible to office of county superintendent. Wright v. Noell, 16 K. 601. 


§ 204. Schools. § 2. The legislature shall encourage the promotion of intellectual, 
moral, scientific and agricultural improvement, by establishing a uniform system of com¬ 
mon schools, and schools of a higher grade, embracing normal, preparatory, collegiate and 
university departments. 

County high school comes within “schools of a higher grade.” Koester v. Comm’rs of Atchison Co., 
44 K. 142. 

Board of education, city first class, may maintain high school. Board of Education v. Welch, 51 K. 804. 
Law creating high school in just one county, held valid. Eichholtz v. Martin, 53 K. 489. 

Legislature may require county to establish and maintain high school. The State v. Freeman, 61 K. 90. 
Separate schools, white and colored children, cities first class, constitutional. Reynolds v. Board of Educa¬ 
tion, 66 K. 672. 

Securing uniformity of text-books is exercise of sovereign power. The State v. Book Co., 69 K. 22. 
Repeating Lord’s Prayer and Twenty-third Psalm in schools, considered. Billard v. Board of Education 
69 K. 57. 

High school of city part of “common schools,” tuition unlawful. Board of Education v. Dick, 70 K. 434. 
Legislature may compel city to issue bonds aiding state university. The State v. Lawrence, 79 K. 234. 
Legislature may provide for establishing high schools in certain townships. Reese v. Hammond, 94 K. 459. 

§ 205. Proceeds of school fund. § 3. The proceeds of all lands that have been or 
may be granted by the United States to the state for the support of schools, and the five 
hundred thousand acres of land granted to the new states under an act of congress distrib¬ 
uting the proceeds of public lands among the several states of the union, approved 
September 4, a.d. 1841, and all estates of persons dying without heir or will, and such 
per cent as may be granted by congress, on the sale of lands in this state, shall be the com¬ 
mon property of the state, and shall be a perpetual school fund, which shall not be dimin¬ 
ished, but the interest of which, together with all the rents of the lands, and such other 
means as the legislature may provide, by tax or otherwise, shall be inviolably appro¬ 
priated to the support of common schools. , 

One-mill tax abolished by chapter 149, Laws of 1879. The State, ex rel., v. Ewing. 22 K. 708. 

Policy of state to comply with letter and spirit hereof. Roberts v. M. K. & T. Rly. Co., 43 K. 112. 
Doubtful^ whether school lands may be appropriated for other purpose. The State, ex rel., v. Humphrey, 
47 K. 563. 

This section does not authorize tuition in city high school. Board of Education v. Dick, 70 K. 440. 
Legislature not prevented from relieving city of university bonds voted. The State v. Lawrence, 79 K. 263. 
If islands were appropriated for schools they must remain so. Winters v. Myers, 92 K. 419. 

§ 206. Income of school fund. § 4. The income of the state school funds shall be 
disbursed annually, by order of the state superintendent, to the several county treasurers, 
and thence to the treasurers of the several school districts, in equitable proportion to the 
number of children and youth resident therein, between the ages of five and twenty-one 
years: Provided, That no school district in which a common school has not been main- 





Art. 7] 


CONSTITUTION OF THE STATE OF KANSAS. 


53 


tained at least three months in each year shall be entitled to receive any portion of such 
funds. 

§207. Disposal of lands. §5. The school lands shall not be sold unless such sale 
shall be authorized by a vote of the people at a general election; but, subject to re¬ 
valuation every five years, they may be leased for any number of years not exceeding 
twenty-five, at a rate established by law. 

Power of legislature in dealing with school lands, discussed. Roberts v. M. K. & T. Rly. Co., 43 K. 112. 

Lease of school lands subject to revaluation every five years. Payne v. Barlow, 84 K. 132. 

§ 208. Money applied to schools. § 6. All money which shall be paid by persons as 
an equivalent for exemption from military duty; the clear proceeds of estrays, ownership 
of which shall vest in the taker-up; and the proceeds of fines for any breach of the penal 
laws, shall be exclusively applied in the several counties in which the money is paid or 
fines collected, to the support of common schools. 

“Fines” must go to common schools; act providing otherwise, void. A. T. & S. F. Rid. Co. v. The State, 
22 K. 14. 

Bond in supreme court forfeited, proceeds to county where forfeited. The State v. June, 63 K. 8. 

This section discussed in determining constitutionality of an act. Hardy v. Kingman County, 65 K. 111. 
Act providing payment of part of penalty to informer, unconstitutional. Harrod v. Latham, 77 K. 469. 

“Fine” by supreme court, proceeds to county where liability incurred. The State v. Rose, 78 K. 600. 

This section applied to denial of remedy on illegal contract. Manker v. Tough, 79 K. 53. 

Damages to aggrieved person provided by oil transportation act, constitutional. Tucker v. Railway Co., 
82 K. 224. 

Payment ordered for support of wife cannot be considered “fine.” The State v. Gillmore, 88 K. 839. 

§ 209. State University. § 7. Provision shall be made by law for the establishment, 
at some eligible and central point, of a state university, for the promotion of literature, 
and the arts and sciences, including a normal and an agricultural department. All funds 
arising from the sale or rents of lands granted by the United States to the state for the 
support of a state university, and all other grants, donations or bequests, either by the 
state or by individuals, for such purpose, shall remain a perpetual fund, to be called the 
‘’university fund”; the interest of which shall be appropriated to the support of the state 
university. 

Regents cannot collect library fee when not prescribed by law. The State, ex rel., v. Regents of the Uni¬ 
versity, 55 K. 396. 

Section discussed with relation to university bonds issued by city. The State v. Lawrence, 79 K. 234. 

§ 210. Nonsectarian. § 8. No religious sect or sects shall ever control any part of 
the common-school or university funds of the state. 

Repeating Lord’s Prayer or Twenty-third Psalm in schools not prohibited. Billard v. Board of Education, 
69 K. 56. 

§211. Investment of funds. §9. The state superintendent of public instruction, 
secretary of state and attorney-general shall constitute a board of commissioners for the 
management and investment of the school funds. Any two of said commissioners shall be 
a quorum. 

Control of investment of school funds by the legislature, discussed. The State v. Lawrence, 79 K. 264. 


ARTICLE 7.—Public Institutions. 

§1. Benevolent institutions to be supported by state; 
trustees, how appointed. 

2. Penitentiary directors, how elected. 

§212. Benevolent institutions. §1. Institutions for the benefit of the insane, 
blind, and deaf and dumb, and such other benevolent institutions as the public good may 
require, shall be fostered and supported by the state, subject to such regulations as may be 
prescribed by law. Trustees of such benevolent institutions as may be hereafter created, 
shall be appointed by the governor, by and with the advice and consent of the senate; 
and upon all nominations made by the governor, the question shall be taken in yeas and 
nays, and entered upon the journal. 

Estate of person committed to insane asylum liable for maintenance. Kaiser v. The State, 80 K. 364. 
State supervision of charitable institutions unnecessary to exempt from taxation. Masonic Home v. Sedg¬ 
wick County, 81 K. 683. 

Not contemplated that charities shall be directly administered by state. Ingleside v. Nation, 83 K. 175. 

§ 213. Penitentiary. § 2. A penitentiary shall be established, the directors of 
which shall be appointed or elected, as prescribed by law. 

Meaning of term “penitentiary” as used in our laws, discussed. Millar v. The State, 2 K. 178. 
“Confinement and hard labor” held to mean confinement in penitentiary. The State v. Nolan, 48 K. 729. 

§ 214. Vacancies in office. § 3. The governor shall fill any vacancy that may 
occur in the offices aforesaid, until the next session of the legislature, and until a succes¬ 
sor to his appointee shall be confirmed and qualified. 


§3. Vacancies in office, how filled. 

4. Support of aged and infirn^ by counties. 





54 


CONSTITUTION OF THE STATE OF KANSAS. 


[Art. 9 


§ 215. Aged and infirm. § 4. The respective counties of the state shall provide, 
as may be prescribed by law, for those inhabitants, who, by reason of age, infirmity, or 
other misfortune, may have claims upon the sympathy and aid of society. 

Question of relief of “poor” at public expense, discussed. State v. Township of Osawkee, 14 K. 422. 
Overseer of poor may bind county for relief of needy. Dykes v. Stafford County, 86 K. 698. 

Granting relief to certain disabled residents, held to be discretionary. Gleason v. Sedgwick County, 
92 K. 632. 

ARTICLE 8.—Militia. 

§1. How composed; persons who may be exempted. I §4. Governor commander-in-chief; power to call out 

2. Militia to be organized and disciplined. i militia. 

3. Election of militia officers. 

§ 216. How composed; exemption. § 1. The militia shall be composed of all able- 
bodied male citizens between the ages of twenty-one and forty-five years, except such 
as are exempted by the laws of the United States or of this state; but all citizens of any 
religious denomination whatever who from scruples of conscience may be averse to bearing 
arms shall be exempted therefrom, upon such conditions as may be prescribed by law. 

Adopted in 1888. The original section had the word “white” before “male” in second line. 
Legislature may not prohibit bearing arms by lawful military organization. Salina v. Blaksley, 72 K. 230. 

§ 217. Organization. § 2. The legislature shall provide for organizing, equipping 
and disciplining the militia in such manner as it shall deem expedient, not incompatible 
with the laws of the United States. 


§ 218. Officers. § 3. Officers of the militia shall be elected or appointed, and com¬ 
missioned in such manner as may be provided by law. 

§ 219. Commander. § 4. The governor shall be commander-in-chief, and shall have 
power to call out the militia to execute the laws, to suppress insurrection, and to repel 
invasion. 

Governor, as commander-in-chief, may muster out company of national guard. Lewis v. Lewelling, 
53 K. 204. 

ARTICLE 9.—County and Township Organization. 


§1. Organization of new counties; county lines; 
county seats; change of county seat; least 
area of new county. 

2. County and township officers. 


§3. Repealed. 

4. Repealed. 

5. Removal of county and township officers. 


§ 220. Counties, etc. § 1. The legislature shall provide for organizing new counties, 
locating county seats, and changing county lines; but no county seat shall be changed 
without the consent of a majority of the electors of the county; nor any county or¬ 
ganized, nor the lines of any county changed, so as to include an area of less than four 
hundred and thirty-two square miles. 

Legislative recognition of validity of county organization renders same valid. The State, ex rel., Y. 
Comm’rs of Pawnee Co., 12 k. 439. 

Legislature may abolish counties, and county seats must go with them. Division of Howard Co., 15 K. 195. 
Legislature may provide that majority of votes cast shall determine. County-Seat of Linn Co., 15 K. 527. 
After constitutional consent, legislature make change or submit to vote. County-Seat of Osage Co., 
16 K. 296. 

Limitation as to area applies to organized and unorganized counties. The State, ex rel. v. St. John, 
21 K. 599. 

After legislative recognition, election held as of unorganized county, nullity. The State, ex rel., v. 
Comm’rs of Harper Co., 34 K. 302. 

After electors select county seat, law may require retention of same. The State, ex rel., v. Sanders, 
42 K. 234. 

County seat remains where located until changed under provisions of law. The State, ex rel., v. Comm’rs 
of Atchison Co., 44 K. 186. 

Election which legislature could have provided for may be validated. The State, ex rel., v. Burton, 47 K. 48. 
Validity of county organization hereunder may not be attacked collaterally. In re Short, Petitioner, 
47 K. 253. 

De facto organization of county, until act declared unconstitutional, discussed. Riley v. Garfield Township, 
58 K. 300. 

Officer de facto cannot recover compensation for services performed. Garfield Township v. Crocker 
63 K. 273. 

§ 221. County and township officers. § 2. The legislature shall provide for such 
county and township officers as may be necessary. 

County commissioners are county officers and hold office two years. Leavenworth Co. v. The State, 5 K. 688. 
When township divided, justice remains justice where he resides. Borton v. Buck, 8 K. 302. 

Number or kind of township officers not defined by constitution. Borton v. Buck, 8 K. 308. 

Legislature may provide less than usual number of county officers. The State, ex rel., v. Comm’rs of 
Pawnee Co., 12 K. 439. 

County commissioners appointed by the governor may settle commissioner districts. Keating v. Marble 
39 K. 370. 


§ 222. This section eliminated by the adoption of § 2 , art. 4, in 1904. The section 
as amended in 1876 was as follows: 

“§ 3. All county officers shall hold their offices for the term of two years, and until their successors 
shall be qualified, except county commissioners, who shall hold their offices for the term of three years: 







Art. 10] 


CONSTITUTION OF THE STATE OF KANSAS. 


55 


Provided, That at the general election in the year eighteen hundred and seventy-seven the commissioner 
elected from district number one in each county shall hold his office for the term of one year, the com¬ 
missioner elected from district number two in each county shall hold his office for the term of two years, 
and the commissioner elected from district number three in each county shall hold his office for the term 
of three years; but no person shall hold the office of sheriff or county treasurer for more than two 
consecutive terms.” 

The original section 3 was as follows: 

“§ 3. All county officers shall hold their offices for the term of two years, and until their successors 
shall be qualified; but no person shall hold the office of sheriff or county treasurer for more than two 
consecutive terms.” 


Annotations to original section: 

County commissioners are county officers and hold office two years. Leavenworth Co. v. The State 
5 K. 688. 

Section has no bearing upon the question of a vacancy. Bond v. White, 8 K. 333. 

Section applies only to regular term, not vacancies or exceptions. Hagerty v. Arnold, 13 K. 382. 
Appointee holds office only until next regular election. State v. Conn, 14 K. 218. 

Annotations to section as amended in 1876: 

Terms not “consecutive terms” when period of time intervenes. Horton v. Watson, 23 K. 229. 

County commissioners, chairman holds office from election until January following. Fuller v. Miller, 
32 K. 133. 

Temporary commissioners have power to divide county into commissioner districts. Keating v. Marble, 
39 K. 370. 

Phrase, “more than two consecutive terms,” discussed and defined. Davis v. Patten, 41 K. 482. 
Officers elected at first election hold until next regular election. Killion v. Herman, 43 K. 39. 

Officer at end of second term holds until successor qualified. Pruitt v. Squires, 64 K. 855. 

§ 223. This section eliminated by the adoption of § 2, art. 4, in 1904. The original 
section was as follows: 

“§ 4. Township officers, except justices of the peace, shall hold their offices one year from the 
Monday next succeeding their election, and until their successors are qualified.” 

Justice chosen at first election holds for unexpired term only. Odell v. Dodge, 16 K. 446. 

Justice, township officer, cannot entertain criminal complaint outside his township. A. T. & S. F. Rid. Co. 
v. Rice, 36 K. 596. 

“Court of Topeka” not township office within meaning of section. Chesney v. McClintock, 61 K. 99. 

§ 224. Removal. § 5. All county and township officers may be removed from 
office in such manner and for such cause as shall be prescribed by law. 

Removal of treasurer by county commissioners, discussed and held valid. The State, ex rel., v. Majors, 
16 K. 444. 


ARTICLE 10. —Apportionment. 


§1. Each county to have at least one representa¬ 
tive; districts. 


§2. Basis of representation; the census once every 
five years. 

3. Apportionment in the two houses. 


§225. Districts! §1. In the future apportionment of the state, each organized 
county shall have at least one representative; and each county shall be divided into as 
many districts as it has representatives. 

Law required to create district and consent of both houses. Prouty v. Stover, Lieut. Cfovernor, 11 K. 235. 

§ 226. Apportionment. § 2. It shall be the duty of the first legislature to make an 
apportionment, based upon the census ordered by the last legislative assembly of the 
territory; and a new apportionment shall be made in the year 1866, and every five years 
thereafter, based upon the census of the preceding year. 

§ 227. The same. § 3. Until there shall be a new apportionment, the state shall be 
divided into election districts; and the representatives and senators shall be apportioned 
among the several districts as follows, viz.: 

1st district, Doniphan, 4 representatives, 2 senators. ^ , 

2d district, Atchison and Brown, 6 representatives, 2 senators. 

3d district, Nemaha, Marshall and Washington, 2 representatives, 1 senator. 

4th district, Clay, Riley and Pottawatomie, 4 representatives, 1 senator. 

5th district, Dickinson, Davis and Wabaunsee, 3 representatives, 1 senator. 

6th district’ Shawnee, Jackson and Jefferson, 8 representatives, 2 senators. 

7th district, Leavenworth, 9 representatives, 3 senators. 

8th district, Douglas, Johnson and Wyandotte, 13 representatives, 4 senators. 

9th district, Lykins, Linn and Bourbon, 9 representatives, 3 senators. 

10th district, Allen, Anderson and Franklin, 6 representatrv es, — senators. 

11th district’ Woodson and Madison, 2 representatives, 1 senator. 

12th district Coffey, Osage and Breckinridge, 6 representatives, 2 senators. 

13th district, Morris, Chase and-Butler, 2 representatives 1 senator. 

14th district, Arrapahoe, Godfrey, Greenwood, Hunter, Wilson, Dorn and McGee, 1 

representative. 




56 


CONSTITUTION OF THE STATE OF KANSAS. 


[Art. 11 


ARTICLE 11. —Finance and Taxation. 


§1. Assessment and taxation to be uniform; prop¬ 
erty exempted. 

2. Taxing of notes, bills, etc., of banks and 

bankers. 

3. Revenues to pay current expenses of state. 

4. Tax to be levied by law; object to be stated; 

applied to no other purpose. 


§5. State debt limited; laws creating debt, how 
passed. 

6. To be submitted to direct vote of people. 

7. State may borrow money to repel invasion, etc.; 

money thus raised to be applied exclusively to 
its object. 

8. State not to carry on internal improvements. 


§228. Taxation; exemption. § 1. The legislature shall provide for a uniform and 
equal rate of assessment and taxation; but all property used exclusively for state, 
county, municipal, literary, educational, scientific, religious, benevolent and charitable 
purposes, and personal property to the amount of at least two hundred dollars for each 
family, shall be exempted from taxation. 

Assessment on property benefited by guttering and paving is “tax.” Todd v. Atchison, 9 K. A. 251. 
Injunction granted where property unlawfully taxed more than its proportion. Railway Co. v. Geary 
County, 9 K. A. 350. 

Penalty upheld where injunction against collection of taxes is dissolved. Railway Co. v. Labette County, 
9 K. A. 545. 

Valuation of personal property for all purposes must be uniform. Stanfield v. Boyd, 10 K. A. 265. 

Statute taxing certain counties because of delinquent taxes, void. The State, ex ret., v. Leavenworth 
County, 2 K. 57. 

Levying cost of improvements on lots according to area, valid. Hines v. City of Leavenworth, 3 K. 186. 
Assessment of railroad by board of county clerks, held valid. Gulf Railroad Co. v. Morris, 7 K. 220. 

Land owned by educational institution, but unoccupied, not exempt. Washburn College v. County of 
Shawnee, 8 K. 344. 

Dwelling owned by church, used exclusively as residence, not exempt. Vail v. Beach, 10 K. 214. 

Use for “educational purposes” must be direct, immediate and exclusive. St. Marv's College v. Crowl, 
Treas., 10 K. 449. 

Agricultural college lands held under contracts of purchase are taxable. Oswalt v. Hallowell, 15 K. 156. 
Both statute and city ordinance taxing foreign insurance company, valid. City of Leavenworth v. Booth, 
15 K. 627. 

Law apportioning indebtedness when county divided does not conflict herewith. Comm’rs of Sedgwick Co. 
v. Bunker, 16 K. 504. 

“Uniform and equal rate of assessment and taxation,” construed. Comm’rs of Ottawa Co. v. Nelson, 
19 K. 234. 

Uniform assessment and taxation herein contrasted with other state constitutions. Francis, Treas., v. A. T. 
& S. F. Rid. Co., 19 K. 303. 

All persons owning property on assessment roll, although property exempt. The State, ex rel., v. Comm’rs 
of Phillips County, 26 K. 423. 

Corporation tax depending on tax imposed by other states, valid. Phoenix Ins. Co. v. Welch, Supt., 
29 K. 672. 

Property conveyed to county, used exclusively for county purposes, exempt. Durkee v. Comm’rs of Green¬ 
wood Co., 29 K. 697. 

Special assessments for improvements, not taxes within meaning of section. Tull v. Royston, 30 K. 619. 
Section refers to property tax, does not prohibit license tax. City of Newton v. Atchison, 31 K. 151. 

Tax on cattle driven into state after March 1, void. Graham v. Comm’rs of Chautauqua Co., 31 K. 477. 
Taxation on railroad property only, to pay railroad commissioners, unconstitutional. A. T. & S. F. Rid. 
Co. v. Howe, Treas., 32 K. 737. 

Ordinance regulating, restricting and taxing dogs, not in conflict herewith. The State, ex rel., v. City of 
Topeka, 36 K. 76. 

Stenographer’s fee is not a tax within the meaning hereof. W. B. Beebe v. Wells, 37 K. 472. 

Statute permitting exemption of property of nonresidents of township, void. M. & M. Rly. Co. v. Champlin, 
Treas., 37 K. 682. 

Unplatted land lying within city is subject to city taxation. Mendenhall v. Burton, 42 K. 570. 

Uniform and equal rate required merely in each taxing district. Elevator Co. v. Stewart, 50 K. 383. 

Indian lands after first payment are subject to state tax. Logan v. Comm’rs of Clark Co., 51 K. 753. 

When exemption claimed, person must bring himself clearly within exemption. Stahl v. Educational 
Assoc’n, 54 K. 542. 

Assessment, some property full value, other three-fourths less, excess illegal. C. B. & Q. Rid. Co. v. Comm’rs 
of Atchison Co., 54 K. 781. 

Property taxed for fire tax but excluded from benefit, unconstitutional. Railway Co. v. Clark, 60 K. 826. 
Tax on insurance contracts with unlicensed companies, unconstitutional. In re P age, 60 K. 842. 
Equalization fixed by state board compulsory only for state taxes. Geary County v. Railway Co., 62 K. 168. 
Property used by mutual benefit insurance association, not exempt. National Council v. Shawnee Countv' 
63 K. 799. 

Waterworks owned by city, although charging prescribed rentals, is exempt. Sumner County v. Wellington 
66 K. 590. 

“Uniform and equal” does not apply to penalty for nonpayment. Railway Co. v. Miami County, 67 K. 434. 
Compromise act, authorizing compromise of taxes on unsold property, valid. Trust Co. v. Davis’ 76 K. 639. 
Authorizing city to issue bonds aiding university, not in conflict herewith. The State v Lawrence 
79 K. 234. 

Act making estates liable for maintenance at state hospital, valid. Kaiser v. The State, 80 K. 364. 

Only property used exclusively, directly and immediately in dispensing charity, exempt.’ Mason v. Zimmer¬ 
man, 81 K. 799. 

Exemption based solely upon exclusive use; charitable purposes discussed. Masonic Home v. Sedgwick 
County, 81 K. 859. 

Taxation of stock owned by resident in foreign corporation, valid. Hunt v. Allen County, 82 K. 824 
Collection of excess enjoined where unlawful, intentional discrimination in valuation. Bank v Lvon 
County, 83 K. 376. ' y 

Property in Kansas belonging to foreign municipality, subject to taxation. The State v. Holcomb, 85 K 178 
Where property exempt hereunder, legislature cannot limit amount of property. Ottawa University v’ 
Stratton, 85 K. 246. 

Collection of expenses in eradicating San Jose scale, held valid. Balch v. Glenn, 85 K. 735. 

Legislature may exempt residents in certain cities from poll tax. Shane v. City’of Hutchinson 88 K 188 
Inheritance tax law of 1909 did not conflict herewith. The State, ex rel., v. Cline, 91 K. 416. ’ 

School property not exempt from special assessments for public improvements. City of Wichita v Board of 
Education, 92 K. 967. 

Registration fees for real-estate mortgages (ch. 250, 1915), held unconstitutional. Wheeler v. Weightman 
96 K. 50. ’ 





Art. 11] 


CONSTITUTION OF THE STATE OF KANSAS. 


57 


Assessment ’ means valuation of property by proper officers, for taxation. Western Union Telegraph Co. 
v. Howe, 180 Fed. 52. 

§ 229. Notes, bills, etc. § 2. The legislature shall provide for taxing the notes and 
bills discounted or purchased, moneys loaned, and other property, effects, or dues of 
every description (without deduction), of all banks now existing, or hereafter to be cre¬ 
ated, and of all bankers; so that all property employed in banking shall always bear a 
burden of taxation equal to that imposed upon the property of individuals. 

Banker pay taxes on average deposits used in his business. Knox v. Comm’rs of Shawnee Co., 20 K. 596. 
Powers and duties of legislature under this section commented on. Dutton v. National Bank, 53 K. 454. 
Discrimination in valuation intentionally made against bank, collecting excess enjoined. Bank v. Lyon 
County, 83 K. 376. 

Section discussed in connection with registration fees for real-estate mortgages. Wheeler v. Weightman, 
95 K. 69. 

§ 230. Revenue. § 3. The legislature shall provide, at each regular session, for 
raising sufficient revenue to defray the current expenses of the state for two years. 

This section was submitted by the legislature at the session of 1875 (Laws 1875, ch. 140), and was 
adopted by the people at the general election held November 2, 1875. Original section 3 was as fol¬ 
lows : 

“§ 3. The legislature shall provide, each year, for raising revenue sufficient to defray the current 
expenses of the state.” 

Section is directory. Issuance of bonds for legislative expenses, unconstitutional. The State, ex rel. 
Guthrie, v. Board of Commissioners, 4 K. 261. 

Section makes legislative duty, presumption lies that duty is done. The State, ex rel., v. Ewing, 22 K. 714. 
Legislature limited to two years; levy requiring gross sum discussed. The State, ex rel., v. Bailey, 56 K. 81. 

§ 231. Object of tax. § 4. No tax shall be levied except in pursuance of a law, 
which shall distinctly state the object of the same; to which object only such tax shall be 
applied. 

Judgment against city, mandamus to compel levy of tax, discussed. Stevens v. Miller, 3 K. A. 192. 

Act February 26, 1863, object of tax not stated, void. The State, ex rel., v. Leavenworth County, 2 K. 56. 
Section does not apply to license taxes in cities. City of Leavenworth v. Booth, 15 K. 634. 

Levy must be based on law stating object of tax. A. T. & S. F. Rid. Co. v. Woodcock, Treasurer, 18 K. 20. 

Act attempting to divert general tax to railroad bonds, void. National Bank v. Barber, Treas., 24 K. 534. 
Statute authorizing license taxes partly valid under this section. McGrath v. City of Newton, 29 K. 369. 
Act prescribing payment by county to encourage agriculture, held valid. Fair Association v. Myers, 
44 K. 132. 

City funds deposited in bank designated by mayor and council. National Bank v. Fergtison, 48 K. 732. 
Section applies to city taxes levied under legislative authority. The State v. City of Emporia, 57 K. 710. 

Taxes for city building cannot be diverted to other use. The State v. City of Emporia, 57 K. 710. 

How penalties and interest on delinquent taxes shall be distributed. Sedgwick County v. Wichita, 62 K. 704. 
Authorizing use of general fund in erection of courthouse, unconstitutional. Smith v. Haney, 73 K. 506. 
Act appropriating surplus funds to erection of county buildings, valid. The State v. Butler County, 
77 K. 527. 

Acts validating elections under Barnes high-school law, held valid. The State v. Pauley, 83 K. 456. 

Statute charging rebates to county fund and crediting penalties, valid. Kansas City v. Stewart, 90 K. 846. 
Township levy for “other purposes” applied to judgment for damages. Super v. Modell Township, 94 K. 402. 
“Reserve fund” under commission government, simply authorization to set apart. Railway Co. v. City of 
Topeka, 95 K. 747. 

§232. Debts; annual tax; proceeds. §5. For the purpose of defraying extra¬ 
ordinary expenses and making public improvements, the state may contract public debts; 
but such debts shall never, in the aggregate, exceed one million dollars, except as herein¬ 
after provided. Every such debt shall be authorized by law for some purpose specified 
therein, and the vote of a majority of all the members elected to each house, to be taken 
by the yeas and nays, shall be necessary to the passage of such law; and every such law 
shall provide for levying an annual tax sufficient to pay the annual interest of such debt, 
and the principal thereof, when it shall become due; and shall specifically appropriate the 
proceeds of such taxes to the payment of such principal and interest; and such appro¬ 
priation shall not be repealed nor the taxes postponed or diminished, until the interest 
and principal of such debt shall have been wholly paid. 

Legislative and current expenses are not “extraordinary expenses.” The State, ex rel. Guthrie, v. Board of 
Commissioners, 4 K. 269. 

Bond issue, bought by school funds, is “creation of debt.” The State, ex rel. Guthrie, v. Board of Com¬ 
missioners, 4 K. 270. 

Unpaid warrant is not a “debt” within meaning of section. The State, ex rel. Guthrie, v. Board of Com¬ 
missioners, 4 K. 271. 

§ 233. Other debts. § 6. No debt shall be contracted by the state except as herein 
provided, unless the proposed law for creating such debt shall first be submitted to a 
direct vote of the electors of the state at some general election; and if such proposed law 
shall be ratified by a majority of all the votes cast at such general election, then it shall 
be the duty of the legislature next after such election to enact such law and create such 
debt, subject to all the provisions and restrictions provided in the preceding section of 
this article. 

Debt within meaning of the constitution, discussed. The State, ex rel. Guthrie, v. Board of Commissioners, 
4 K 961 

Bond issue for legislative and current expenses, held unconstitutional. The State, ex rel. Guthrie, v. Board 
of Commissioners, 4 K. 272. 





58 


CONSTITUTION OF THE STATE OF KANSAS. 


[Art. 12 


§ 234. Borrow money. § 7. The state may borrow money to repel invasion, sup¬ 
press insurrection, or defend the state in time of war; but the money thus raised shall be 
applied exclusively to the object for which the loan was authorized, or to the repayment 
of the debt thereby created. 

Section referred to, showing the general financial system of state. The State, ex rel. Guthrie, v. Board of 
Commissioners, 4 K. 272. 

§ 235. Internal improvements. § 8. The state shall never be a party in carrying 
on any works of internal improvements. 

Section applies to state in sovereign capacity, not to counties. Leavenworth County v. Miller, 7 K. 479. 
Statutes authorizing counties to issue bonds aiding railroads, held constitutional. Leavenworth County v. 

Miller, 7 K. 479; The State, ex rel., v. Nemaha County, 7 K. 542; Morris v. Morris County, 7 K. 576. 
Construction, operation, etc., of oil refinerv is “work of internal improvement.” The State v. Kelly, 
71 K. 811. 

Ch. 478, 1905, appropriates money for “works of internal improvement.” The State v. Kelly, 71 K. 811. 
Ch. 286, 1907, authorizing bonds aiding railroads, not repugnant hereto. Railroad Co. v. Nation, 82 K. 345. 


ARTICLE 12.—Corporations. 


§1. No special acts conferring corporate power; 
general laws; amendment or repeal. 

2. Individual liability of stockholders. 

3. Religious corporations, how title vested. 


§4. Right of way; payment, how made or secured. 

5. Organization of cities and towns. 

6. Term “corporation” defined; may sue and be 

sued. 


§236. Corporate powers. § 1. The legislature shall pass no special act conferring 
corporate powers. Corporations may be created under general laws; but all such laws 
may be amended or repealed. 

General act changing corporate limits when certain conditions exist, valid. Town Co. v. City of Smith 
Center, 6 K. A. 252. 

Ferry franchise granted by territorial legislature, contract legislature cannot impair. The Territory v. 
Reyburn, 1 K. (Dassler’s Ed.), 552. 

This article merely regulates exercise of general legislative power conferred. Hines v. The City of Leaven¬ 
worth, 3 K. 186. 

This article restricts power conferred by article 2, section 1. The City of Atchison et al. v. Bartholow 
et al., 4 K. 104. 

This section applies to municipal as well as other corporations. City of Wyandotte v. Wood, 5 K. 607. 
Special act attempting to extend corporate limits of city, unconstitutional. City of Wyandotte v. Wood, 
5 K. 607. 

Corporation has no legal existence outside the state where created. Land Grant Railway v. Comm’rs of 
Coffey County, 6 K. 245. 

Act permitting single city to aid manufacturing enterprise, held invalid. National Bank v. City of lola, 
9 K. 689. 

Act authorizing single city to macadamize, assess costs, etc., invalid. Gilmore v. Norton, 10 K. 491. 

School district is only quasi corporation; this article not applicable. Beach v. Leahy, Treasurer, 11 K. 23. 
Corporation lawfully organized to build bridge across Missouri river. Hunt v. K. & M. Bridge Company, 

11 K. 412. 

This article has no application to counties as counties. The State, ex rel., v. Comm’rs of Pawnee Co., 

12 K. 439. 

Special act incorporating four cities of the second class, unconstitutional. City of Council Grove, 20 K. 619. 
Corporations organized under special territorial acts cannot be continued indefinitely. The State, ex rel., 
v. Lawrence Bridge Co., 22 K. 438. 

Kansas Medical Society, corporation for all time, unless act repealed. The State, ex rel., v. Stormont, 
24 K. 686. 

Consolidation of railroad companies does not release township from subscription. Atchison, C. & P. R. Co. 
v. County of Phillips, 25 K. 261. 

Special act excluding property from corporate limits of city, void. Gray v. Crockett, 30 K. 138. 

Act conferring corporate powers, applies to only three cities, void. City of Topeka v. Gillett, 32 K. 431. 
Corporate powers or rights obtained since constitution, subject to modification. The State v. Mo. Pac. Rly. 
Co., 33 K. 189. 

Special act conferring corporate powers on school district, not prohibited. Knowles v. Board of Education, 
33 K. 699. 

Grant of franchise to corporation by city, strictly construed. City of Wyandotte v. Corrigan, 35 K. 21. 
General law may change or abrogate provisions of corporate charter. Endowment and Benevolent As¬ 
sociation v. The State, 35 K. 263. 

Act curing irregularities, applying only to cities first class, valid. Mason v. Spencer, County Clerk 
35 K. 518. 

Metropolitan police act (ch. 100, 1887), not a special act. The State, ex rel., v. Hunter, 38 K. 589. 

City taxes levied on land annexed under special act, void. Ritchie v. Mulvane, 39 K. 241. 

Curative act applying to taxes in all cities, held constitutional. Newman v. City of Emporia, 41 K. 583. 
Legislature may provide when probate court may declare towns incorporated. Mendenhall v Burton" 

42 K. 573. 

Special act incorporating Chetopa as city of second class, unconstitutional. Brown v. Milliken, 42 K. 769. 
Acts extending corporate rights of two specified railroads, held void. Roberts v. M. K. & T Rlv Co 

43 K. 111. 

Curative statute applying to cities of first class, held valid. Manley v. Emlen, 46 K. 664. 

Special act authorizing county commissioners to build a bridge, void. Comm’rs of Shawnee Co. v. The 
State, ex rel., 49 K. 486. 

Act permitting consolidation of cities, valid, although application limited. The State, ex rel., v. Kansas 
City, 50 K. 516. 

Section does not apply to legislation relative to state university. The State, ex rel., v. Regents of the 
University, 55 K. 396. 

Act authorizing county commissioners to build bridge within city, valid. The State, ex rel.. v. Shawnee 
Co., 57 K. 269. 

Act conferring corporate powers applying to Kansas City alone, void. The State v. Downs 60 K. 788 
Right to alter and amend corporate charters, when applicable, discussed. The State v. Haun, 61 K. 146 
Corporations take franchise under reserved legislative power to alter laws. Leavenworth v. Water Co ' 
62 K. 648. ” 

One legislature cannot bind another relative to corporate charters. Irrigation Co. v. Klein, 63 K. 493 
Change in law concerning savings banks, does not contravene section. West v. Bank, 66 K. 536. 




Art. 12] 


CONSTITUTION OF THE STATE OF KANSAS. 


59 


Validating ordinances that would be valid under new law, constitutional. Leavenworth v. Water Co.. 
69 K. 82. 

Special act withdrawing tract of land from a city, unconstitutional. Levitt v. Wilson, 72 K. 160. 

General statute authorizing special acts changing boundaries of cities, void. Davenport v. Ham, 72 K. 179. 

Law applicable to cities of certain population not special law. Parker-Washington Co. v. Kansas City, 
73 K. 722. 

This and section 5 only restraints on regulating municipal government. The State v. Keener, 78 K. 651. 

“Special act conferring corporate powers,” discussed and applied. The State v. Lawrence. 79 K. 234. 

Act empowering cities to adopt commission plan of government, valid. Cole v. Dorr, 80 K. 251. 

Elections void from failure of notice, validated by curative act. Cole v. Dorr, 80 K. 251. 

Act authorizing county commissioners to maintain bridges in cities, valid. The State v. Franklin Countv, 
84 K. 404. 

Curative acts are not within general rule regarding special legislation. Pollock v. Kansas City, 87 K. 213. 

Act validating incorporation of cities incorporated in 1913, special, void. The State, ex rel., v. Holcomb, 
95 K. 660. 

General law applicable to only one city, held constitutional. Metropolitan Water Co. v. Kansas City, 
164 Fed. 738. 

Section discussed in connection with bank guaranty law. Larabee v. Dolley, 175 Fed. 389. (Ruling of 

this case on constitutionality of bank guaranty law reversed by Assaria State Bank v. Dolley, 219 
LL S. 121. Law upheld.) 


§ 237. Liability of stockholders. § 2. Dues from corporations shall be secured 
by the individual liability of the stockholders to the amount of stock owned by each 
stockholder, and such other means as shall be provided by law; but such individual 
liability shall not apply to railroad corporations nor corporations for religious or chari¬ 
table purposes. 

The foregoing section was submitted by the legislature at the session of 1905 (L. 1905, ch. 542), 
and was adopted by the people at the general election held in November, 1906. Original section 2 
was as follows: 

“§ 2. Dues from corporations shall be secured by individual liability of the stockholders to an 
additional amount equal to the stock owned by each stockholder, and such other means as shall be 
provided by law; but s'uc-h individual liabilities shall not apply to railroad corporations, nor corpora¬ 
tions for religious or charitable purposes.” 

Execution against corporation returned unsatisfied, creditors may proceed against stockholders. Buist 
v. Savings Bank, 4 K. A. 700. 

Time when stockholder becomes liable for debts of corporation, discussed. Merrill v. Meade, 6 K. A. 620. 
Bank, with its property, and each stockholder, liable for debts. Savings Bank v. Wulfekuhler, 19 Iv. 65. 
Liability of stockholder is in the nature of a guaranty. Howell v. Manglesdorf, 33 K. 196. 

Corporation not servant or agent of corporation holding its stock. A. T. & S. F. Rid. Co. v. Davis, 
34 K. 210. 

Valid judgment against corporation conclusive in enforcing stockholder’s individual liability. Ball v. 
Reese, 58 K. 614. 

This section not self-executing, but requires legislative action. Woodworth v. Bowles, 61 K. 569. 

Liability of stockholder contractual, but in nature of security. Elevator Co. v. Whitbeck, 63 Iv. 103. 
Contribution among stockholders where part guarantee and pay corporation notes. Hinshaw v. Austin, 
64 K. 460. 

Chapter 10, Laws of 1908, only remedy for enforcing liability. Henley v. Stevenson^ 67 K. 4. 

Double liability and remedies of judgment debtor, discussed. Henley v. Myers, 76 K. 723. 

Stockholder’s liability increased, diminished or withdrawn at will of legislature. Rowland v. Creamery 
Co., 79 K. 134. 

Where no statute, stockholder’s liability ended when stock paid up. Bicknell v. Altman, 81 K. 436. 
Creditor entitled to remedies existing under law when action accrued. Douglass v. Loftus, Adm’x, 
85 K. 720. 

Transfer on books of bank necessary to relieve stockholder’s liability. Bank v. Strachan, 89 K. 577. 
This section self-executing; common-law remedy enforced only after execution. Harrison v. Remington 
Paper Co., 140 Fed. 385. 

Applicability of section where charter disclaims liability, discussed. Illinois Life Ins. Co. v. Tully, 
174 Fed. 360. 

Constitution and statutes in force, part of contract with corporation. Schwartz v. Loftus, 216 Fed. 322. 
Applies only indebtedness incurred in legitimate business of corporation. Ward v. Joslin, 186 U. S. 142. 
State may change procedure for enforcement of stockholder’s liability. Henly v. Myers, 215 U. S. 373. 

§ 238. Religious corporations. § 3. The title to all property of religious corpora¬ 
tions shall vest in trustees, whose election shall be by the members of such corporations. 

Trustees personally liable on unauthorized covenant of warranty in conveyance. Klopp v. Moore, 6 K. 27. 
Vesting of title on consolidating churches and changing trustees. Venable v. Ebenezer Baptist Church, 
25 K. 177. 


§ 239. Right-of -way. § 4. No right-of-way shall be appropriated to the use of any 
corporation until full compensation therefor be first made in money, or secured by a 
deposit of money, to the owner, irrespective of any benefit from any improvement pro¬ 
posed by such corporation. 

Proceedings essentially proceedings in rem, proper notice binds all parties. K. & C. P. Rly. Co. v. 


Phipps, 4 K. A. 252. 

Where proceedings regular, owner estopped by failure to appeal 


C. K. & W. Rid. Co. v. Selders, 


4 K A 497. 

Value considered immediately before and after location of road. Missouri River, F. S. & G. R. Co. v. 

Land must be paid for irrespective of any benefits accruing. Saint Joseph & D. C. R. Co. v. Orr, 
8 K 419 

Holding statutes authorizing condemnation for railroad not in conflict herewith. Hunt v. Smith, 9 K. 137. 
Giving landowner new remedy does not take away former rights. A. T. & Santa Fe Rid. Co. v. Weaver, 
10 K. 344. 

Taking of private property for use of highway, discussed. 


Comm’rs of Shawnee Co. v. Beckwith, 


10 K. 603. 

No right to land until money paid or deposit made. 
Money deposited with county treasurer, at company 
T. & S. R. R. Co., 13 K. 514. 


St. Joseph & D. C. R. Co. v. Callender, 13 K. 496. 
’s risk pending proceedings. Blackshire v. Atchison, 




60 


CONSTITUTION OF THE STATE OF KANSAS. 


[Art. 12 


Title acquired in “right-of-way” depends on statute under which acquired. Challiss v. A. T. & Santa Fe 
Rid. Co., 16 K. 117. 

Disregarding “benefit” does not apply to taking for public use. Comm’rs of Pottawatomie Co. v. O’Sul¬ 
livan, 17 K. 58. 

Compensation included value of property taken, also all loss sustained. Reisner v. Union Depot & Rid. Co., 
27 K. 388. 

Legislature may make commissioners’ award final as to either party. C. B. U. P. Rid. Co. v. A. T. & 
S. F. Rid. Co., 28 K. 453. 

Discussion of what benefits could be set off, if any. C. B. U. P. Rid. Co. v. Andrews, 30 K. 596. 
Condemnation proceedings waived and suit brought for value of land. Cohen v. St. L., Ft. S. & W. Rid. 
Co., 34 K. 158. 

City cannot grant right-of-way over private property or proposed street. W. & W. Rid. Co. v. Feehheimer, 
36 K. 45. 

Loss sustained to use of land with other land allowed. Comm’rs of Smith Co. v. Lahore, 37 K. 480. 
Damages never less than actual value; improper testimony, discussed. W. & W. Rid. Co. v. Kuhn, 
38 K. 677. 

Section does not apply where land not actually taken. O. O. C. & C. G. Rid. Co. v. Larson, 40 K. 301. 
Discussion of different elements of damage to be taken into consideration. L. & W. Rid. Co. v. Ross, 
40 K. 598. 

Section applies only to canals, railroads, and other similar cases. Callen v. Junction City, 43 K. 630. 
Railroad company must make full compensation regardless of benefits accruing. C. K. & W. Rid. Co. 
v. Woodward, 47 K. 193. 

Company taking title by eminent domain protected against secret equities. Phipps v. Railway Co., 
58 K. 142. 

Where land taken for public use, compensation not condition precedent. Buckwalter v. School District, 
65 K. 603. 

Telephone line held not an additional servitude on highway. McCann v. Telephone Co., 69 K. 210. 
Injury to adjacent property from smoke and cinders not recoverable. Railway Co. v. Armstrong, 
71 K. 366. 

Disregarding benefits mav be harsh, but courts bound by constitution. Hall v. Electric Railroad Co., 
89 K. 72. 

Mere consequential damage does not amount to taking within section. Murphy v. Fairmount Township, 
89 K. 767. 

Benefits not disregarded where additional grounds taken for shops, etc. Smith v. Railway Co., 90 K. 757. 
Compensation not condition precedent in constructing sewer; section not applicable. Railway Co. v. City 
of Hiawatha, 95 K. 471. 

Payment of judgment condition precedent to passing of title. Zimmerman v. Kansas City Northwestern 
R. Co., 144 Fed. 622. 

§ 240. Cities. § 5. Provision shall be made by general law for the organization of 
■cities, towns and villages; and their power of taxation, assessment, borrowing money, 
contracting debts and loaning their credit, shall be so restricted as to prevent the abuse 
of such power. 

Law providing street improvement must contain restrictions to prevent abuses. Hines v. City of Leaven¬ 
worth, 3 K. 186. 

Section regulates general grant of power; laws must be general. City of Atchison v. Bartliolow, 4 K. 124. 
Where word “taxes” used, “assessments or special taxes” not included. Paine v. Spratley, 5 K. 546. 
Special act attempting to extend corporate limits cannot authorize taxes. City of Wyandotte v. Wood 
5 K. 603. 

Statutes authorizing cities to issue bonds aiding railroads, held valid. The State, ex rel., v. Nemaha 
County,. 7 K. 542. 

Does not authorize cities to contract debts for internal improvements. Leavenworth County v Miller 
7 K. 497. 

Act authorizing city to levy tax aiding private enterprise, void. National Bank v. City of Iola, 9 K. 689. 
Law authorizing relevy in case of insufficient levy, held valid. City of Emporia v. Norton, 13 K. 570. 
Ordinance prescribing license taxes, discussed, held not wholly void. McGrath v. City of Newton 

29 K. 364. 

Special act excluding property from corporate limits of city, void. Gray v. Crockett, 30 K. 138. 

What restrictions shall be imposed is a matter for the legislature. City of Newton v. Atchison, 31 K. 151. 
Restrictions upon second-class cities sufficient to uphold license taxes. City of Newffon v Atchison 
31 K. 151. 

License tax violating restriction of charter or statute, void. City of Lyons v. Cooper, 39 K. 327. 

Curative statutes applying to all cities of a class, valid. Manley v. Emlen, 46 K. 665. 

Act authorizing county commissioners to build bridge in city, void. Comm’rs of Shawnee Co. v. The 
State, ex rel., 49 k. 486. 

County liable for improvement of street in front of courthouse. Comm’rs of Franklin Co v Citv of 
Ottawa, 49 K. 753. ' y 

County commissioners build bridge within city, controlled by city, valid. The State, ex rel , v Shawnee 
Co., 57 K. 267. 

Part of act admitted void hereunder, whole act held void. Conklin v. Hutchinson, 65 K. 582. 

Completed proceedings enlarging corporate limits cannot be questioned collaterally. Topeka v. Dwver 
70 K. 244. * ’ 

Organization and existence of city not open to collateral attack. Levitt v. Wilson, 72 K. 160. 

Special act attempting to vacate part of city, held void. Levitt v. Wilson, 72 K. 160. 

Boundaries of city cannot be changed by special act. Davenport v. Ham, 72 K. 179. 

Act applying to all cities and containing restrictions, held valid. Belleville v. Wells, 74 K. 827 
Implied restrictions on legislative power, discussed. Wulf v. Kansas City, 77 K.362. 

This and section 1 only restraints on regulating municipal government. The State v. Keener, 78 K. 651. 
This section discussed relative to issue of bonds for university. The State v. Lawrence, 79 K, 234. 

Act empowering cities to adopt commission plan of government, valid. Cole v. Dorr, 80 K. 253. 

Acts changing city boundaries, held valid; doctrine of stare decisis. Bull v. Kelley,’ 83 K. 597* 

Act authorizing county commissioners to maintain bridges, held permissive only. ‘The State v Franklin 
County, 84 K. 406. ’ 

Holding elections in city, governmental function, expenses not “contracting debts.” The State ex rel 
v. City of Hutchinson, 93 K. 412. ’ ” 

Municipal corporations, having no constitutional powers, restricted to legislative grant. Water Li^-hf &■ 
Gas Co. v. City of Hutchinson, 144 Fed. 256. ’ & 

General law applicable to only one city, held constitutional. Metropolitan Water Co. v. Kansas Citv 
164 Fed. 738. 

§ 241. Term corporations. § 6. The term corporations, as used in this article, shall 
include all associations and joint-stock companies having powers and privileges not pos- 



Art. 14] 


CONSTITUTION OF THE STATE OF KANSAS. 


61 


sessed by individuals or partnerships; and all corporations may sue and be sued in their 
corporate name. 

Only corporations proper covered by article; school district quasi corporation. Beach v. Leahy, Treasurer, 
11 K. 23. 

ARTICLE 13.— Banks and Currency. 


§1. Banks to be established by general law. 

2. Security required from banks; auditor to reg¬ 

ister and countersign bills. 

3. Additional security, when required. 

4. Redemption of circulating notes; holders of 

notes to have preference. 


§5. State not to be a stockholder in any bank. 

6. Banks required to keep offices and officers at 

convenient places in state. 

7. Limit of denomination of notes. 

8. Banking law submitted to vote of people. 

9. Banking law, amended or repealed. 


§242. Banking laws. §1. No bank shall be established otherwise than under a 
general banking law. 

Applies only to banks of issue, not deposit and discount. Pape v. Capitol Bank, 20 K. 440. 

This article discussed at length, showing banks contemplated by it. Pape v. Capitol Bank, 20 K. 441. 
Language of foregoing case quoted. Fischer v. Moore, 69 K. 201. 

§ 243. Shall require deposit. § 2. All banking laws shall require, as collateral 
security for the redemption of the circulating notes of any bank, organized under their 
provisions, a deposit with the auditor of state, of the interest-paying bonds of the several 
states or of the United States, at the cash rates of the New York stock exchange, to an 
amount equal to the amount of circulating notes which such bank shall be authorized to 
issue, and a cash deposit in its vaults of ten per cent of such amount of circulating 
notes; and the auditor shall register and countersign no more circulating bills of any 
bank, than the cash value of such bonds when deposited. 

§ 244. When security depreciates. § 3. Whenever the bonds pledged as collateral 
security for the circulation of any bank shall depreciate in value, the auditor of state 
shall require additional security, or curtail the circulation of such bank to such extent 
as will continue the security unimpaired. 

§245. Notes redeemable; preference. §4. All circulating notes shall be re¬ 
deemable in the money of the United States. Holders of such notes shall be entitled, in 
case of the insolvency of such banks, to preference of payment over all other creditors. 

§246. State. §5. The state shall not be a stockholder in any banking institution. 

§ 247. Banking offices. § 6. All banks shall be required to keep offices and officers 
for the issue and redemption of their circulation, at a convenient place within the state, 
to be named on the circulating notes issued by such bank. 

Section does not apply to banks of deposit. Pape v. Capitol Bank, 20 K. 443. 

§ 248. Denomination. § 7. No banking institution shall issue circulating notes of a 
less denomination than one dollar. 

This section was submitted by the state legislature at the session of 1861 (Laws 1861, ch. 16), 

and was adopted by the people at the general election held November 5, 1861. Original section 7 

was as follows: 

“§ 7. No banking institution shall issue circulating notes of a less denomination than five dollars.” 


§ 249. Vote on law. § 8. No banking law shall be in force until the same shall 
have been submitted to a vote of the electors of the state at some general election, and 
approved by a majority of ail the votes cast at such election. 

No banking law has ever been submitted to proper vote. Pape v. Capitol Bank. 20 K. 442. 

§ 250. Amended or repealed. § 9. Any banking law may be amended or repealed. 


ARTICLE 14.—Amendments. 

§1. How proposed by legislature; how ratified by I § 2. Convention, how called, 
people. 

§ 251. Amendments. § 1. Propositions for the amendment of this constitution may 
be made by either branch of the legislature; and if two-thirds of all the members elected 
to each house shall concur therein, such proposed amendments, together with the yeas 
and nays, shall be entered on the journal; and the secretary of state shall cause the 
same to be published in at least one newspaper in each county of the state where a news¬ 
paper is published, for three months preceding the next election for representatives, at 
which time the same shall be submitted to the electors for their approval or rejection; 
and if a majority of the electors voting on said amendments at said election shall adopt 
the amendments, the same shall become a part of the constitution. When more than one 
amendment shall be submitted at the same time, they shall be so submitted as to enable 
the electors to vote on each amendment separately; and not more than three propositions 
to amend shall be submitted at the same election. 






62 


CONSTITUTION OF THE STATE OF KANSAS. 


[Art, 15 


Two or more amendments submitted, majority voting on either adopts. Prohibitory-Amendment Cases, 
24 K. 700. 

Proposed amendment cannot be submitted after next general election. The State, ex rel., v. Sessions, 
87 K. 497. 

§ 252. Revision or amendment. § 2. Whenever two-thirds of the members elected 
to each branch of the legislature shall think it necessary to call a convention to revise, 
amend or change this constitution, they shall recommend to the electors to vote at the 
next election of members to the legislature, for or against a convention; and if a majority 
of all the electors voting at such election shall have voted for a convention, the legislature 
shall, at the next session, provide for calling the same. 


ARTICLE 15.- 

§1. Officers not otherwise provided for to be as law 
directs. 

2. Tenure may be fixed by law; if not fixed, to be 

at pleasure of the appointing power; not over 
four years. 

3. Lotteries and sale of lottery tickets prohibited. 

4. Public printer, how elected; term of office. 

5. Receipts and expenditures to be published. 


•Miscellaneous. 

§6. Protection of rights of married women. 

7. Salaries may be reduced for neglect of legal 

duty. 

8. Temporary seat of government; permanent loca¬ 

tion by popular vote. 

9. Homestead exemption. 

10. Prohibition. 


§ 253. Other officers. § 1. All officers whose election or appointment is not other¬ 
wise provided for, shall be chosen or appointed as may be prescribed by law. 

No election provided by constitution or statute, election not valid. Matthews v. Comm’rs of Shawnee 
Co., 34 K. 606. 

Term of office and power to remove railroad commissioners, discussed. The State, ex rel., v. Mitchell, 
50 K. 289. 

Section discussed in connection with appointments under biennial-election law. The State v. Andrews, 
64 K. 489. 

Section applied in upholding “veterans’ preference law.” Goodrich v. Mitchell, 68 K. 769. 

Section applied to appointment of county auditor by district court. Sartin v. Snell, 87 K. 494. 

§ 254. Tenure of office. § 2. The tenure of any office not herein provided for 
may be declared by law; when not so declared such office shall be held during the 
pleasure of the authority making the appointment, but the legislature shall not create 
any office the tenure of which shall be longer than four years. 

Section applied to removal of railroad commissioners by executive council. The State, ex rel., v. Mitchell, 
50 K. 294. 

Where tenure of office fixed, governor cannot remove appointee arbitrarily. Lease v. Freeborn, 52 Iv. 754. 
Where tenure of office unconstitutional, tenure “not declared by law.” Lewis v. Lewelling, 53 K. 201. 
Tenure four years and until successor appointed and qualified, constitutional. The State, ex rel., v. 
Breidenthal, 55 K. 311. 

Tenure of office six years, tenure “not declared by law.” Wulf v. Kansas City, 77 K. 360. 

Position of field man in health department not an office. Jagger v. Green, 90 K. 153. 

Cell-house man in state penitentiary not an officer within section. Jones v. Botkin, 92 K. 242. 

Policeman holds his office during pleasure of authority making appointment. Haney v. Cofran, 94 Iv. 332. 
This section discussed in connection with civil service law. McLaughlin v. Green, 96 K. 643. 

§ 255. Lotteries. § 3. Lotteries and the sale of lottery tickets are forever prohibited 

Scheme for distribution of prizes by chance is a “lottery.” The State, ex rel., v. Mercantile Association, 
45 K. 351. 

Operating “lottery” is “unlawful calling” under crimes act. In re Smith, Petitioner, 54 K. 702. 

§ 250. State printer. § 4. All public printing shall be done by the state printer, 
who shall be elected by the people at the election held for state officers in November, 1906, 
and every two years thereafter, at the elections held for state officers, and shall hold his 
office for two years and until his successor shall be elected and qualified. 

This section was submitted by the legislature at the session of 1903, and was adopted by the 
people at the general election in November, 1904. The section as amended in 1868 was as follows: 

“§ 4. All public printing shall be done by a state printer, who shall be elected by the legislature 
in joint session, and shall hold his office for two years and until his successor shall be elected and 
qualified. The joint session of the legislature for the election of a state printer shall be on the third 
Tuesday of January, a. d. 1869, and every two years thereafter. All public printing shall be done at 
the capital, and the prices for the same shall be regulated by law.” 

Original section 4 was as follows: 

“§ 4. All public printing shall be let on contract, to the lowest responsible bidder, by such 
executive officers and in such manner as shall be prescribed by law.” 

Annotations to amendment of 1868: 

Election of state printer by j,oint convention of houses, considered. Prouty v. Stover, lieut. Governor, 
11 K. 235. 

Statute authorizing “executive council” to designate “official state paper,” valid. Reed v. Francis, 
22 K. 510. 

Rate of compensation for publications in “official state paper,” discussed. Kansas Breeze Co. v. 
Edwards, 55 K. 630. 

Statute requiring concurrence of majority elected to each house, invalid. Snow v. Hudson, 56 K. 378. 

§ 257. Accounts published. § 5. An accurate and detailed statement of the re¬ 
ceipts and expenditures of the public moneys, and the several amounts paid, to whom, 
and on what account, shall be published, as prescribed by law. 







Art. 15] 


CONSTITUTION OF THE STATE OF KANSAS. 


63 


§ 258. Rights of women. § 6. The legislature shall provide for the protection of 
the rights of women, in acquiring and possessing property, real, personal and mixed, 
separate and apart from the husband;.and shall also provide for their equal rights in the 
possession of their children. 


Female under eighteen, minor; each parent natural guardian of person. The State v. Jones, 16 K. 611. 
Father and mother are natural guardians of persons of minors. The State v. Angel, 42 K. 222. 

Father and mother equal right to possession, etc., of minors. Miller v. Morrison, 43 K. 448. 

This section discussed in connection with homestead exemption. Cross v. Benson, 68 K. 501. 

Coverture, no separate estate, does not invalidate mai’ried woman’s contract. Harrington v. Lowe, 
73 K. 1. 

Neither husband nor wife bound to pay taxes on other’s real estate. Nagle v. Tieperman, 74 K. 32. 
Property of other spouse is property “of another,” for arson. The State v. Shaw, 79 K. 396. 

Mechanic’s lien on married woman’s property, contract with husband, valid. Garrett v. Loftus, 82 K. 556. 
Section applied, discussing competency of wife to testify for husband. Harris v. Brown, 187 Fed. 9. 


§ 259. Salaries reduced for neglect of duty. § 7. The legislature may reduce 
the salaries of officers who shall neglect the performance of any legal duty. 

§ 200. Temporary capital. § 8. The temporary seat of government is hereby lo¬ 
cated at the city of Topeka, county of Shawnee. The first legislature under this con¬ 
stitution shall provide by law for submitting the question of the permanent location of 
the capital to a popular vote, and a majority of all the votes cast at some general elec¬ 
tion shall be necessary for such location. 

§ 201. Homestead. §9. A homestead to the extent of one hundred and sixty acres 
of farming land, or of one acre within the limits of an incorporated town or city, occupied 
as a residence by the family of the owner, together with all the improvements on the 
same, shall be exempted from forced sale under any process of law, and shall not be 
alienated without the joint consent of husband and wife, when that relation exists; but 
no property shall be exempt from sale for taxes, or for the payment of obligations con¬ 
tracted for the purchase of said premises, or for the erection of improvements thereon: 
Provided , The provisions of this section shall not apply to any process of law obtained 
by virtue of a lien given by the consent of both husband and wife. 


v. Shoup, 


Becken- 


123. 

Douglas, 


Lien of mortgage by both unaffected by deed by husband. Hill v. Alexander, 2 K. A. 250. 

Occupation of family of owner essential; when exemption attaches, discussed. Dobson 
3 K. A. 468. 

Actual occupation within reasonable time; selection from larger tract, discussed. State Bank v. Peak, 
3 K. A. 698. 

Money borrowed for erecting residence constitutes “obligation contracted for improvements.” 
heuser v. Ferrell, 8 K. A. 365. 

Special assessment for guttering and paving is a “tax.” Todd v. Atchison, 9 K. A. 251. 

This section does not contravene federal constitution (art. 1, sec. 10). Cusic v. Douglas, 3 K. 

Homestead exemption good as against judgment rendered before constitution adopted. Cusic v 
3 K. 123. 

Mortgage of homestead executed by husband alone is void. Morris v. Ward. 5 K. 239. 

Judgment against husband alone is not a lien on homestead. Morris v. Ward, 5 K. 239. 

Owner living outside city, land in city not exempt. Sarahas v. Fenlon, 5 K. 592. 

Vendee of husband, wife refusing to convey, entitled to damages. Lister v. Batson, 6 K. 420. 

Wife signing deed under duress, “good faith” of purchaser immaterial. Anderson v. Anderson, 9 K. 112. 
When tract of land becomes part of homestead, discussed. Edwards v. Fry, 9 K. 417. 

Homestead purchased, occupancy within reasonable time, exempt from time purchased. Monroe v. May, 
Weil & Co., 9 K. 466. 

Wife signing under duress, sue to have signature- declared void. Helm v. Helm, 11 K. 19. 

Surplus" proceeds not applicable to judgment, not lien on homestead. Mitchell v. Milhoan, 11 K. 617. 
Attachment prior to occupation as homestead, superior to homestead right.^ Bullene v. Hiatt, 12 K. 98. 
Homestead must lie in one tract or body of land. Randal v. Elder, 12 K. 257. 

Wife signing mortgage not entitled to all privileges of surety. Jenness v. Cutmr, 12 K. 500. 

Mortgage by husband void as to other than purchase-money. Pratt v. Topeka Bank, 12 K. 570. 
Homestead‘sold under mortgage by wife for purchase-money. Andrews v. Alcorn, 13 K. 351. 

Mortgage by husband on homestead owned by wife absolutely void. Ayers v. Probasco, 14 K. 17o. 
Divorce to either party, court may award homestead to wife. Brandon v. Brandon, 14 K. 34J2. 

Homestead interest may be acquired by owner of equitable interest. Tarrant v. Swain, 15 K. 146. 
Property attached, later becomes homestead of defendant, attachment remains valid. Robinson v. Wilson, 

15 K 595 

Mortgage by husband without wife’s consent, for purchase-money, held valid. Nichols v. Overacker, 

16 K 5*8 

General creditor’s right to have mortgage satisfied by homestead, denied. Colby v. Crocker, 17 K. 527. 
Procedure where property claimed as homestead is levied upon, discussed. Gapen v. Stephenson, 

Equities of family of mortgagor superior to claims of judgment creditor. LaRue v. Gilbei t, 18 K. 2‘_0. 
“Probably” homestead may be taken on any spot in Kansas. Hixon v. George, 18 K. 2o3. 

Purchase by husband, title in wife, claims of creditors, discussed. Hixon v. George, 18 K. <-53. 

Judgment on promissory note for purchase-money, not lien on land. Greeno v. Barnard, 

Execution of mortgage on homestead by illiterate person, discussed. Roach v. Karr, 18 K. 

Homestead sold under lien on real estate decreed in divorce. Blankenship v 
Attachment before occupancy as homestead is prior to homestead right. Hiatt 


Acquiring new home in city relinquishes homestead right on farm. Savings Bank v. 
o 0 K 625 

Occupancy as homestead after judgment lien attached will not defeat judgment lien. 

House rented to tenant as residence, no part of homestead. Ashton v. Ingle, 20 K. 670. 
Occupation, actual or constructive, essential to constitute premises 

Equity favors protection of homestead from creditors. Homestead exemption, construed, 
son National Bank, 22 K. 336. 


18 K. 518. 
529. 

Blankenship, 19 K. 159. 
v. Bullene, 20 K. 557. 


Wheeler’s Adm’r, 
Ashton v. Ingle, 

homestead. Swenson v. Kiehl, 
Sproul v. Atclii- 




64 


SCHEDULE. 


Public gristmill on portion of tract, no part of homestead. Mouriquand v. Hart, 22 K. 594. 

Deed to wife without money consideration, held good against heir. Horder v. Horder, 23 Iv. 391. 

Lease by husband alone, which interferes with wife’s possession, invalid. Coughlin v. Coughlin, 26 K. 116. 
Property not exempt where owner’s family resided in another state. Farlin v. Sook, 26 K. 397. 

Homestead not conveyed by separate deeds of husband and wife. Ott v. Sprague, 27 K. 620. 

Wife had never resided here, deed by husband held valid. Koons v. Rittenhause, 28 K. 359. 

Right to sell homestead of insane person for alimony, denied. Birdzell v. Birdzell, 33 K. 433. 

Mortgage without joint consent of husband and wife, held void. Howell, Jewett & Co. v. McCrie, 

36 K. 636. 

Wife agreed to sell, grantee made improvements, specific performance enforced. Perrine v. Mayberry, 

37 K. 258. 

Mortgage lien on homestead not created without wife’s written consent. Jenkins v. Simmons. 37 Iv. 496. 
Husband owned homestead, wife’s consent necessary to alienate railroad right-of-Avay. Pilcher v. A. T. 
& S. F. Rid. Co., 38 Iv. 516. 

Homestead not destroyed by lease of part of building. Bebb v. Crowe, 39 K. 342. 

Tests of what constitutes homestead, discussed. Bebb v. Crowe. 39 K. 342. 

Wife OAvning homestead, having no children, may devise one-half interest. Vining v. Willis, 40 K. 609. 
Mechanic’s lien, no personal property found, homestead sold under execution. Tyler v. Johnson, 

47 K. 410. ' 

Forty acres, cornering on forty where owner resides, not exempt. Linn Co. Bank a’. Hopkins, 47 K. 580. 
Residence and building on same lots rented as rooms, exempt. Layson v. Grange, 48 K. 440. 

Occupancy must follow Avithin reasonable time after purchase. Ingels v. Ingels, 50 Iv. 755. 

Occupancy after levy of execution does not change parties’ rights. Ingels v. Ingels, 50 K. 755. 

Homestead may be appropriated for public use without OAvner’s consent. Jockheck a^. Comm’rs of Shawnee 
Co., 53 K. 780. 

Mortgage, Avife’s duress available against innocent holder of note secured. Berry v. Berry, 57 K. 691. 
Partition cannot be made against objection of minor children. Trumbly v. Martell, 61 Iv. 703. 

Unmarried daughter of intestate continued to occupy homestead, not exempt. Battey v. Barker, 

62 K. 517. 

Wife took homestead under will, mortgage by her held valid. Allen v. Holtzman, 63 K. 40. 

Widower occupying homestead alone, children having gone, not exempt. Ellinger v. Thomas, 64 K. 180 
Alienation, joint consent may be evidenced by acts in pais. Sullivan A r . Wichita. 64 K. 539 
Expressing Avillingness to join, but not joining, not joint consent. Durand v. Higgins, 67 Iv. 110. 
Homestead, conveyance by husband and insane wife’s guardian conveys nothing. Adams v. Gilbert, 
67 Iv. 273. 

Wife continues to be “family of OAvner” after husband’s death. Cross v. Benson, 68 Iv. 495. 

Occupation by widow is occupation by “family of owner,” exempt. Aultman v. Price, 68 Iv. 640. 

Joint consent to lease shown when Avife did not sign. Johnson v. Samuelson, 69 K. 263. 

Homestead, purchase-money advanced under promise to execute mortgage constitutes lien. Foster v. Bank, 
71 K. 158. 

Husband of insane woman cannot, by any conduct, alienate homestead. Withers v. Love, 72 K. 140. 
Wife estopped by conduct to object to husband’s lease. ShaAv v. Bevis, 72 K. 208. 

Intention to occupy must be accompanied by some overt act. Bush v. Adams, 72 K. 556. 

Section applied in upholding married woman's contract. Hai'rington v. LoAve, 73 K. IS. 

Homestead exemption applies to surviving husband or wife alone. Weaver v. Bank, 76 K. 540. 

When homestead rights attach upon removal to other property, discussed. Randolph v. Wilhite, 78 K. 355. 
Section applied, holding wife’s house property of another, for arson. The State v. Shaw, 79 K. 396. 
Statute of descents and distributions not in conflict with this section. Towle v. Towle, 81 K. 675. 
“Occupied as a residence,” construed; under facts stated, not exempt. Quinton v. Adams, 83 K. 484. 
Husband not party to action, lien for improvements not binding. King v. Wilson, 95 K. 390. 

§ 262. Prohibition. § 10. The manufacture and sale of intoxicating liquors shall 
be forever prohibited in this state, except for medical, scientific and mechanical purposes. 

The foregoing amendment was submitted by the legislature at the session of 1879, and was adopted 
by the people at the general election held November 2, 1880. 

State has power to prohibit manufacture and sale as beverage. Prohibitory-Amendment Cases, 24 K. 700. 
Under statute, physician could not furnish intoxicating liquor without permit. The State v. Fleming. 
32 Iv. 588. 

Law prohibiting manufacture and sale, not repugnant to federal constitution. Foster v. The State of 
Kansas, 32 K. 765. 

Legislature may absolutely prohibit manufacture or sale of intoxicating liquors. The State v. Durein, 
70 K. 13. 

Statute prohibiting sale for any purpose, held valid. The State v. Weiss, 84 Iv. 165. 


SCHEDULE. 


§1. Continuation of suits, actions, etc. 

2. Fines, penalties, bonds, etc., continued. 

3. Governor, secretary, judges, etc:, to hold until 

superseded. 

4. Continuance of laws until repealed or expira¬ 

tion. 

5. Governor to use private seal until state seal 

is provided. 

6. Certain offices to be kept at seat of govern- 

ment. 

7. Records, documents, books, etc., hoAv dis¬ 

posed of. 

8. Suits, pleas, proceedings, etc., to continue. 

9. Vote on adoption or rejection of constitution. 

10. Vote, how to be cast. 

11. If adopted, an election to be held for members 

of legislature and other officers. 

12. Persons allowed to vote at first election. 

13. Votes to be registered. 


§14. Judges of election to take an oath; vacancies 
in board, how filled. 

15. Hours of election. 

16. Poll books to be furnished. 

17. Votes, Iioav counted; returns, how made. 

18. Poll books and tally lists, how kept or re¬ 

turned: time for making returns. 

19. County tribunals to canvass votes; to make 

returns to president of convention. 

20. Board of state canvassers; result, how de¬ 

clared. 

21. Proclamation announcing elections. 

22. Copies to be transmitted to president and to 

officers of congress. 

23. Duty of governor upon notice of admission of 

state. 

24. First legislature not to change county lines. 

25. Separate vote on homestead question. 


§263. From a territorial to a state government. §1. That no inconvenience 
may arise from the change from a territorial government to a permanent state govern¬ 
ment, it is declared by this constitution that all suits, rights, actions, prosecutions, recog- 


i 





SCHEDULE. 


65 


nizances, contracts, judgments, and claims, both as respects individuals and bodies cor¬ 
porate, shall continue as if no change had taken place. 

Does not exempt judgment, rendered prior, from constitutional homestead exemption. Cusic v. Douglas, 

3 K. 123. 

§204. Penalties, bonds, etc. §2. All fines, penalties and forfeitures, owing to'the 
territory ol Kansas, or any county, shall inure to the use of the state or county. All 
bonds executed to the territory, or any officer thereof, in his official capacity, shall pass 
over to the governor, or other officers of the state or county, and their successors in 
office, for the use of the state or county, or by him or them to be respectively assigned 
over to the use of those concerned, as the case may be. 

§ 265. Officers of the territory. § 3. The governor, secretary and judges, and all 
other officers, both civil and military, under the territorial government, shall continue in 
the exercise of the duties of their respective departments until the said officers are super¬ 
seded under the authority of this constitution. 

Members of the legislature are “officers” of the government. The State, ex rel., v. Meadows, 1 K. 91. 

§ 266. Laws. § 4. All laws -and parts of laws in force in the territory at the time 
of the acceptance of this constitution by congress, not inconsistent with this constitution, 
shall continue and remain in full force until they expire, or shall be repealed. 

Corporation incorporated by territorial legislature held legally existing corporation. The State, ex rel., 

v. Stormont, 24 K. 686. 

§267. Seal. §5. The governor shall use his private seal until a state seal is 
provided. 

§ 268. Offices, where kept. § 6. The governor, secretary of state, auditor of state, 
treasurer of state, attorney-general’, and superintendent of public instruction shall keep 
their respective offices at the seat of government. 

§269. Court records and documents. §7. All records, documents, books, papers, 
moneys and vouchers belonging and pertaining to the several territorial courts and offices 
and to the several districts and county offices, at the date of the admission of this state 
into the union, shall be disposed of in such manner as may be prescribed by law. 

§ 270. Suits and proceedings. § 8. All suits, pleas, plaints and other proceedings 
pending in any court of record, or justice’s court, may be prosecuted to final judgment and 
execution; and all appeals, writs of error, certiorari, injunctions, or other proceedings 
whatever, may progress and be carried on as if this constitution had not been adopted; 
and the legislature shall direct the mode in which such suits, pleas, plaints, prosecutions 
and other proceedings, and all papers, records, books and documents connected therewith, 
may be removed to the courts established by this constitution. 

Slate courts, cases not transferred from territorial until provision made. McCollum v. Pipe, 7 K. 189. 

§271. Ratification or rejection. §9. For the purpose of taking the vote of the 
electors of this territory for the ratification or rejection of this constitution, an election 
shall be held in the several voting precincts in this territory, on the first Tuesday in 
October, a. d. 1859. 

§ 272. How to vote. § 10. Each elector shall express his assent or dissent by voting 
a written or printed ballot labeled “For the Constitution,” or “Against the Constitution.” 

§ 273. Majority in favor. § 11. If a majority of all the votes cast at such election 
shall be in favor of the constitution, then there shall be an election held in the several 
voting precincts on the first Tuesday in December, a. d. 1859, for the election of members 
of the first legislature, of all state, district and county officers provided for in this con¬ 
stitution, and for a representative in congress. 

§ 274. Persons qualified to vote. § 12. All persons having the qualification of 
electors, according to the provisions of this constitution, at the date of each of said elec¬ 
tions, and who shall have been duly registered according to the provisions of the registry 
law of this territory, and none others, shall be entitled to vote at each of said elections. 

§ 275. Judges of election. § 13. The persons who may be judges of the several 
voting precincts of this territory at the date of the respective elections in this schedule 
provided for, shall be the judges of the respective elections herein provided^ for. 

§276. The same; clerks. §14. The said judges of election, before entering upon 
the duties of their office, shall take and subscribe an oath faithfully to discharge their 
duties as such. They shall appoint two clerks of election, who shall be sworn by one of 
said judges faithfully to discharge their duties as such. In the event of a vacancy in the 
board of judges, the same shall be filled by the electors present. 


—3 





66 


SCHEDULE. 


§ 277. Polls open, when. § 15. At each of the elections provided for in this 
schedule the polls shall be open between the hours of nine and ten o clock a. m. and 
closed at sunset. 

§278. Poll books. §16. The tribunals transacting county business of the several 
counties shall cause to be furnished to the boards of judges in their respective counties 
two poll books for each election hereinbefore provided for, upon which the clerks shall 
inscribe the name of every person who may vote at the said elections. 

§ 279. Votes to be counted. § 17. After closing the polls at each of the elections 
provided for in this schedule, the judges shall proceed to count the votes cast, and desig¬ 
nate the persons or objects for which they were cast, and shall make two correct tally 
lists of the same. 

§ 280. Poll books and tally lists. § 18. Each of the boards of judges shall safely 
keep one poll book and tally list, and the ballots cast at each election; and shall, within 
ten days after such election, cause the other poll book and tally list to be transmitted, 
by the hands of a sworn officer, to the clerk of the board transacting county business in 
their respective counties, or to which the county may be attached for municipal purposes. 

§281. Canvass of votes; transcript. §19. The tribunals transacting county 
business shall assemble at the county seats of their respective counties on the second 
Tuesday after each of the elections provided for in this schedule, and shall canvass the 
votes cast at the elections held in the several precincts in their respective counties, and of 
the counties attached for municipal purposes. They shall hold in safe keeping the poll 
books and tally lists of said elections, and shall, within ten days thereafter, transmit, by 
the hands of a sworn officer, to the president of this convention, at the city of Topeka, 
a certified transcript of the same, showing the number of votes cast for each person or 
object voted for at each of the several precincts in their respective counties, and in the 
counties attached for municipal purposes, separately. 

§ 282. State canvassers. § 20. The governor of the territory and the president and 
secretary of the convention shall constitute a board of state canvassers, any two of whom 
shall be a quorum; and who shall, on the fourth Monday after each of the elections iiro- 
vided for in this schedule, assemble at said city of Topeka, and proceed to open and 
canvass the votes cast at the several precincts in the different counties of the territory, 
and declare the result; and shall immediately issue certificates of election to all persons 
(if any) thus elected. 

§283. Result. §21. Said board of state canvassers shall issue their proclamation 
not less than twenty days next preceding each of the elections provided for in this 
schedule. Said proclamation shall contain an announcement of the several elections, the 
qualifications of electors, the manner of conducting said elections and of making the 
returns thereof, as in this constitution provided, and shall publish said proclamation in 
one newspaper in each of the counties of the territory in which a newspaper may be their 
published. 

§ 284. Copies to United States authorities. § 22. The board of state canvassers 
shall provide for the transmission of authenticated copies of the constitution to the 
president of the United States, the president of the senate and speaker of the house of 
representatives. 

§ 285. Proclamation. § 23. Upon official information having been by him re¬ 
ceived of the admission of Kansas into the union as a state, it shall be the duty of the 
governor-elect under the constitution to proclaim the same, and to convene the legislature, 
and to do all things else necessary to the complete and active organization of the state 
government. 

Territorial legislature not superseded until governor’s proclamation for state legislature. The State, 

ex rel., v. Meadows, 1 K. 91; The State, ex rel., v. Hitchcock, 1 K. 178. 

§ 286. County lines. § 24. The first legislature shall have no power to make any 
changes in county lines. 

§ 287. Homestead provision. § 25. At the election to be held for the ratification 
or rejection of this constitution, each elector shall be permitted to vote on the homestead 
provision contained in the article on “Miscellaneous,” by depositing a ballot inscribed “For 
the Homestead,” or “Against the Homestead”; and if a majority of all the votes cast 
at said election shall be against said provision, then it shall be stricken from the con¬ 
stitution. 






RESOLUTIONS. 


67 


RESOLUTIONS. 


Sundry resolutions. Resolved, That the congress of the United States is hereby 
requested, upon the application of Kansas for admission into the union, to pass an act 
granting to the state forty-five hundred thousand acres of land to aid in the construction 
of railroads and other internal improvements. 

Resolved, That congress be further requested to pass an act appropriating fifty thou¬ 
sand acres of land for the improvement of the Kansas river from its mouth to Fort Riley. 

Resolved, That congress be further requested to pass an act granting all swamp lands 
within the state for the benefit of common schools. 

Resolved, That congress be further requested to pass an act appropriating five hun¬ 
dred thousand dollars, or in lieu thereof five hundred thousand acres of land, for the 
payment of the claims awarded to citizens of Kansas by the claim commissioners ap¬ 
pointed by the governor and legislature of Kansas under an act of the territorial legis¬ 
lature passed 7th February, 1859. 

Resolved, That the legislature shall make provision for the sale or disposal of the 
lands granted to the state in aid of internal improvements and for other purposes, subject 
to the same rights of preemption to the settlers thereon as are now allowed by law to 
settlers on the public lands. 

Resolved, That it is the desire of the people of Kansas to be admitted into the union 
with this constitution. 

Resolved, That congress be further requested to assume the debt of this territory. 

Done in convention at Wyandotte, this 29th day of July, a. d. 1859. 

JAMES M. WINCHELL, 

President of the Kansas Constitutional Convention, and Member from Osage County. 


Robt. Graham, 

J. A. Middleton, 
John Taylor Burris, 
Wm. Hutchinson, 

N. C. Blood, 

John P. Greer, 

W. P. Dutton, 

Wm. McCullough, 
Jas. G. Blunt, 

J. C. Burnett, 

Wm. R. Griffith, 


Caleb May, 

S. D. Houston, 

Josiah Lamb, 

John James Ingalls, 
Sami. A. Kingman, 
James Blood, 

S. 0. Thacher, 

Edwin Stokes, 

John Ritchey, 
Benjamin F. Simpson, 
James M. Arthur, 


Sami. E. Hoffman, 
James H. Signor, 
Robt. J. Porter, 
Luther R. Palmer, 
R. L. Williams, 

P. H. Townsend, 
H. D. Preston, 
Edmund G. Ross, 
James Hanway, 
Allen Crocker, 
George H. Lillie. 


JOHN A. MARTIN, Secretary. 


The following-named delegates to the Wyandotte convention did not sign the con¬ 
stitution : 


J. P. Slough, 

C. B. McClellan, 
J. W. Forman, 

J. Stiarwalt, 

W. C. McDowell, 


A. D. McCune 
John Wright, 
W. Perry, 

E. Moore, 

P. S. Parks, 


E. M. Hubbard 

F. Brown, 

Sam. Hippie, 

S. A. Stinson, 


R. C. Foster, 
J. T. Barton, 
B. Wrigley, 

T. S. Wright. 









LIB 


ARY OF CONGRESS 



0 028 070 865 3 


















